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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.

Ask by Ortiz Page. in the United States
Mar 16,2025

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Answer

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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Beyond the Answer

In the complex world of First Amendment protections, it's key to note that not all types of speech are treated equally. For instance, obscenity—like the pornographic ads Miller sends—doesn’t enjoy full protection due to community standards. Similarly, false statements about someone that could harm their reputation, like John's review of his professor, may invite legal repercussions under defamation laws. Another intriguing situation arises in Alex's advertising pitch. If he engages in false advertising by not clarifying the toy car aspect, this would fall under deceptive practices—while freedom of speech is robust, it doesn't shield fraudulent claims! So, beware: even in speech, the truth matters!

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