Explain the effect of the First Amendment on (1) corporate political speech, (2) commercial speech, and (3) defamation.

icon
Related questions
Question

Explain the effect of the First Amendment on (1) corporate political speech, (2) commercial speech, and (3) defamation.

Expert Solution
First Amendment

The First Amendment of the United States Constitution prohibits the government to make any laws that prohibits the free exercise of religion or rather make laws for establishment of any religion.

The Amendment also prohibits any law that undermines the Freedom of press, Freedom of Speech, Freedom of Assembly and so others among them. 

Speech Acts

i. Commercial speech

Initially the court ruled that the First Amendment does not give protection to the Commercial speech. The Supreme Court developed the 4 points to discover weather the regulation of them company violates the First Amendment.

  • If it Concerns only business motto and lawful.
  • if the regulations concerns government interest.
  • Whether the relation is no more extended beyond the needed.
  • The governmental interest in defending it is substantial.

ii. Defamation 

The slander needs 5 points to have a case, as in the charges should be false in case of defamation. The Amendment also included malice in order for the case to be a defamation case. It included the use of actionable words such as suffering from contagious disease, or mental disorder. 

 

steps

Step by step

Solved in 3 steps

Blurred answer