2 Points In which of the following situations would the First Amendment not gurantee the absolute protections of a person's freedom of speech? (A) Miller owns a pornography business. He regularly sends postcard advertisements in the general mail that depict naked people in a variety of sex acts. (B) John is mad that he got an " $$ F $$ " on a test. He then writes a review of his professor saying that she is a sex offender. People read the review and stop taking the professor's class. (C) In an attempt to sell more of a new gaming console, the head of Nintendo's advertising department, Alex tells people that if they buy the Switch, Nintendo will send them a new car. He doesn't explain that the "new car" is a child's toy racecar. (D) All of the above are protected by the First Amendment. (E) None of the above are guaranteed the absolute protections of the First Amendment.

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1. **Option A Analysis**  
   - Miller sends postcard advertisements depicting sexually explicit content.  
   - The First Amendment protects expressions of ideas, including pornography, but it does not protect material that meets the legal definition of obscenity.  
   - Under the Miller test, material is considered obscene if it (i) appeals to a prurient interest when judged by contemporary community standards, (ii) depicts sexual conduct in a patently offensive way, and (iii) lacks serious literary, artistic, political, or scientific value.  
   - If Miller’s postcards are judged to be obscene, then they are not absolutely protected under the First Amendment.

2. **Option B Analysis**  
   - John writes a review falsely accusing his professor of being a sex offender.  
   - False statements that harm someone’s reputation are defamatory.  
   - Defamation, including libel in writing, is not protected under the First Amendment when the statements are false and injurious.
   
3. **Option C Analysis**  
   - Alex from Nintendo advertises that buying the Switch results in receiving a "new car," when in fact the "car" is only a child's toy racecar.  
   - This type of speech constitutes deceptive commercial advertising.  
   - Fraudulent or intentionally misleading statements in commercial contexts are not covered by the absolute protections of the First Amendment.
   
4. **Conclusion**  
   - In each of the situations presented (Options A, B, and C), the speech in question involves content that is either potentially obscene, defamatory, or misleading.  
   - Therefore, none of the above examples would be absolutely protected by the First Amendment.

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\textbf{Answer: (E)}
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None of the situations in options A, B, and C are absolutely protected by the First Amendment because they involve potentially obscene content, defamatory statements, or misleading advertising.

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