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Judicial Review Standards Of Internet Speech Under The First Amendment In USA

Posted on:2008-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:L XingFull Text:PDF
GTID:2166360212976869Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
This essay takes account of legal rules of speech on internet based on the theory of free speech, and proposes a point to determine the legal limits of free speech on internet: the attention on standard of judicial review of free speech on internet in US.Having a look on First Amendment judicial review of legislations on internet in US, it is based on the media characteristics of internet, the federal court has different standards of judicial review on media legislations except internet: strict scrutiny on plane media, relaxed scrutiny on broadcasting and TV.In the case of CDA, the court thought that, by analyzing characteristics of internet media, first, internet was negative, the users were more active; second, internet could be accepted widely, not so limit as broadcasting and TV; third, there's no government control of internet free speech .Because of these, the court use the strict scrutiny. But from the value of free speech, the court thought that the legislation of CDA was not very clearly, so it made the decision that the legislation...
Keywords/Search Tags:United States of America, free speech on internet, legal limit, standards of judicial review, improvement of Chinese system
PDF Full Text Request
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