Communication law Essay Example | Topics and Well Written Essays - 750 words

Communication law - Essay Example The Brandenburg versus Ohio test was based on three distinct elements of intent, imminence and likelihood and his intent standards were more speech protective as it was in line with the first amendment which prohibits making of any law respecting an establishment of any religion; impeding free exercise of religion, abridging the freedom of speech, infringing on the freedom of press and interfering with the right to peaceably assemble (Tanenhaus & Gale, 2008). Sarah Palin’s implications of media manufacturing â€Å"blood libel† to categorize her and other conservatives was more distracting to allude that Jews feed on the Christian blood, from the imminent lawless action test view had a distinct precedential lineages. This is to imply if one stops short of urging upon others that it is their duty or interest to resist the law, one should not be held to have attempted to cause its violation and does not stand for persecution on the incitement or other freedom of speech vio lations. This is to mean from the Tucson’s shooting, the Gifford’s who seemed to be on the Palin’s targeted list through the use of crosshairs an electoral map to denote targeted congressional seats could be the consequential symbolism of shootings that later happened. From the test, the implications and/or the symbolism of the â€Å"crosshairs of gun sight to the Gifford’s’ districts† did not explicitly overrule the bad tendency test but it was more symbolic than actual. From the history of the clear and present danger test, the legitimate role of the symbolic speech controlled government greater latitude in controlling freedom of speech regardless of the governmental interests advanced in suppressing some particular instance of speech. This shows that Palin’s implications passed the intent standards and from the Brandenburg’s test, the constitution guarantees of free speech and free press do not permit a state to forbid or pr oscribe advocacy except where such advocacy is directed to incite or produce lawless action. Chilling effect can be described as discouragement of legitimate exercise or inhibition of natural and legal rights through a threat of legal sanction by the court, passing of law and/or threat of lawsuit that cause people to hesitate to exercise the legitimate right (Baker, 2011). The United States’ definition/usage can be viewed as the suppression from the constitutional right to free speech which can be necessitated from the governments’ point of view especially if the speech/discussion has adverse effects on the national security or state integration. For instance, in economies where there are mixed races, the government may limit the use of certain words that imply some sort of racial discrimination against a given race for purposes of national integration. On the other hand, the government might be necessitated to control the media freedom of speech and publications in ca se of a security threat or breach so as avoid public panic or to avoid misinformation in the process of investigation. Professionally or from the business point of view, majority of the businesses are governed by â€Å"business information† that the business fraternity is supposed to keep secret. For instance, multinational companies like Coca cola restrict