1. \u00a0John Stuart Mill is credited with coining the philosophy of “the marketplace of ideas” to describe the principle upon which our First Amendment’s protection of free speech is based. Explain the concept of the “marketplace of ideas” and how it applies in the present day. Do you agree with this First Amendment principle? \u00a0Why or why not?<\/p>\n
2. \u00a0The Washinton Post article makes the point that hate speech (speech that conveys racial, sexual or religious intolerance) is protected speech under the First Amendment, and cautions against trying to restrict it. The NY Times article goes on to say that America differs from most western countries in its protection of hate speech. Countries with legal structures similar to ours – e.g., Canada, the United Kingdom – say that protecting hate speech goes to far, and that hate speech should be banned. Do think hate speech should continue to be protected by the First Amendment, or should it be banned? Please state the reasons for your answer.<\/p>\n
3. \u00a0Based on your reading of the article “Safeguarding Free Speech” in the Chronicle of Higher Education, do you think CUNY’s policy regarding freedom of expression is a constitutional time, place and manner restriction on speech, or and unconstitutional attempt to suppress speech that expresses certain viewpoints? \u00a0Please give reasons for your answer.<\/p>\n
4. \u00a0The modern day right of publicity stems from the common law privacy right of misappropriation. \u00a0What does the right of publicity protect? \u00a0Why is it important for people working in the arts and entertainment industries to understand the right of publicity? (https:\/\/www.insidehighered.com\/news\/2016\/06\/20\/cuny-considers-free-speech-policy?utm_source=Inside+Higher+Ed&utm_campaign=7bbb4dfd95-DNU20160620&utm_medium=email&utm_term=0_1fcbc04421-7bbb4dfd95-198227081)<\/p>\n
5. \u00a0Most rights of privacy\/publicity have a “newsworthiness” exception. \u00a0In other words, someone who would otherwise be violating these rights is allowed to if the topic, story or subject is “newsworthy,” that is, of legitimate interest to the public. \u00a0This is a case where the First Amendment’s guarantee of free speech may trump an individual’s rights of privacy\/ publicity.<\/p>\n
After reading the articles about Katherine Heigl suing the Duane Reed drugstore (which was settled out of court), do you think the tweet was commercial advertising, in which case it would violate her right of publicity, or news reporting, in which case it would not violate her right of publicity? \u00a0Please give reasons to support your answer.<\/p>\n
Articles about Katherine Heigl:<\/p>\n
https:\/\/us.cnn.com\/2014\/04\/10\/showbiz\/katherine-heigl-duane-reade-lawsuit\/<\/p>\n
http:\/\/www.sponsorship.com\/iegsr\/2015\/04\/06\/Legal-Watch-Outs–Activating-Social-Media-With-Cel.aspx<\/p>\n","protected":false},"excerpt":{"rendered":"
Entertainment Law 1. \u00a0John Stuart Mill is credited with coining the philosophy of “the marketplace of ideas” to describe the principle upon which our First Amendment’s protection of free speech is based. Explain the concept of the “marketplace of ideas” Read More …<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15],"tags":[],"class_list":["post-434479","post","type-post","status-publish","format-standard","hentry","category-essay-paper-writing"],"_links":{"self":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts\/434479","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/comments?post=434479"}],"version-history":[{"count":0,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts\/434479\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/media?parent=434479"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/categories?post=434479"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/tags?post=434479"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}