Television Violence: Hearing of the Committee on Commerce, Science, and Transportation, United States Senate, One Hundred Sixth Congress, First Session, May 18, 1999
U.S. Government Printing Office, 2001 - 124 strani
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Action adults aggressive Amendment American analysis applied argument audience behavior believe bill broadcast cable cause channels clear Commission Communications compelling compelling interest concern concluded Congress constitutional content-based decision definition determine effects evidence exacting example experiments exposure expression fact finding Government's harm holding impact indecent industry interest issue Judge justify Krattenmaker least legislation less limited majority manner material means midnight minors narrowly objective obscene Pacifica parents particular present problem prohibition proposals protection question radio reason regulation Report require restriction rules safe harbor scarcity scrutiny Senator serve shows simply social speech stations statute suggest supervision supra note Supreme Court tailored television violence tion types United V-chip viewers viewing violent programming watch
Stran 32 - There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words — those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.
Stran 35 - These later decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.
Stran 91 - As a result, we now confine the permissible scope of such regulation to works which depict or describe sexual conduct. That conduct must be specifically defined by the applicable state law, as written or authoritatively construed. A state offense must also be limited to works which, taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and which, taken as a whole, do not have serious literary, artistic, political, or scientific value.
Stran 33 - ... principally made up of criminal news, police reports, or accounts of criminal deeds, or pictures, or stories of deeds of bloodshed, lust or crime; or who, 3.
Stran 14 - The basic guidelines for the trier of fact must be: (a) whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest, . . . (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (c) whether the work, taken as a whole, lacks serious literary, artistic, political...
Stran 108 - The inapplicability of the compelling interest test to content-based restrictions on speech is demonstrated by our repeated statement that "above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.
Stran 12 - ... fighting' words- those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.
Stran 111 - It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.
Stran 33 - Winters v. New York, 333 US 507, 510 (1948) : "The line between the informing and the entertaining is too elusive for the protection of that basic right [a free press]. Everyone is familiar with instances of propaganda through fiction. What is one man's amusement, teaches another's doctrine.
Stran 14 - ... would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.