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FAQs about free speech and music
 
Haven't studies conclusively shown that violent images cause violence?
 
Can violence on television be legally regulated?
 
Isn't it unconstitutional for the government to force TV producers and viewers to use V-chips?
 
Can the government stop funding to an artist or museum?
 
 

It depends. Generally, the government may not prohibit speech because it finds the speech to be offensive — see Texas v. Johnson, 491 U.S. 397 (1989). Government may decide not to fund the arts at all, but if it does fund them (for instance, in the form of support to a museum), it cannot single out works to be banned or removed because they may be shocking or offensive.

The First Amendment protects also against viewpoint discrimination — suppressing certain points of view in favor of others. However, if the government promotes a program and defines the program’s limit, it can fund speech that promotes its goals, even to the detriment of other goals, as seen in Rust v. Sullivan, 500 U.S. 173 (1991). In the case of NEA v. Finley, the Court did not see any harm in adding a decency standard to an already subjective process. Therefore, the NEA can take into account whether a piece of art offends the sensibilities of the public when deciding whether to fund the art.

 
 
From a First Amendment standpoint, what's wrong with voluntary rating or labeling systems?
 
Can an artist sue a private gallery that refuses to show her art?
 
What’s the difference between satire and parody?
 
Do comic books face censorship today?
 
Aren’t comic books supposed to be for kids?
 
Are comic books legally allowed to publish mature content, including sexually explicit or violent material?
 
How can parents know whether particular comics contain mature content?
 
Do nudity or sexual content automatically make a comic obscene?
 
Can comics that are not obscene or child pornography legally be withheld from adults?
 
What about 'indecency' — can sexually explicit comics that aren't obscene or child pornography be regulated to protect children?
 
Can a comic-book retailer be convicted of selling obscenity if he or she didn’t know a particular book was sexually explicit?
 
Can comic-book publishers be penalized for publishing 'indecency' on the Internet?
 
How did 'Son of Sam' laws come to be known by their unusual name?
 
What is the 'of and concerning' requirement in defamation law?
 
How can a work of fiction possibly defame someone?
 
Which book caused the U.S. Supreme Court to examine the constitutionality of New York’s 'Son of Sam' law?
 
Why did the Supreme Court strike down New York’s 'Son of Sam' law?
 
Does a disclaimer in fictional works provide absolute protection from a libel lawsuit?
 
Are such libel-in-fiction lawsuits filed against the author or the publisher or both?
 
Did the Supreme Court say that all 'Son of Sam' laws were unconstitutional?
 
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Last system update: Thursday, September 9, 2010 | 07:04:26
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