The Printing Press to the Internet
Hayes_Hayes 5/14/2013 3:01 PM Page 279 Categorical balancing. When courts disregard the individual circumstances of a case and place a free expression interest, or constitutionally protected one, into a class in which the balance tips in one direc- tion, they are engaging in categorical balancing. For example, courts rate political speech the most deserving of protection, while obscenity warrants no protection. Certiorari. Parties seeking review by the U.S. Supreme Court must file a writ of certiorari asking the court to review their case. The Court may either accept or deny certiorari. Chilling Effect. The Court first used the term “chilling” in the free expression context to strike down McCarthy-era, government-imposed loyalty oaths. Such oaths indirectly infringed upon government employees’ right of association protected under the First Amendment guarantees of speech, assem- bly, and petition. In a concurrence, in Wieman v. Updegraff, 344 U.S. 183, 195 (1952), Justice Felix Frankfurter noted that an Oklahoma loyalty requirement had “an unmistakable tendency to chill [emphasis added] that free play of the spirit which all teachers ought especially to cultivate and prac- tice; it makes for caution and timidity in their associations by potential teachers.” Common carrier. A long-distance mass medium, such as a telephone system, the postal service, and direct broadcast satellite, that operates as a business to convey the content created by others. Common law. Law created by judges as distinguished from statutory law, created by legislatures. Communications Act of 1934. The federal statute that created the Federal Communications Commission,...
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