The two-step evidentiary and causation quandary for medium-specific laws targeting sexual and violent content: first proving harm and injury to silence speech, then proving redress and rehabilitation through censorship.

This Article argues that legislators today that want to suppress First Amendment-protected images of sexual and violent conduct conveyed on a specific medium face a steep two-step evidentiary burden. First, they must prove actual harm caused by the speech in question as it is conveyed on a specific medium--not the aggregate injury from viewing all media generally--that is sufficient to overcome free-speech rights. Second, even if sufficient harm from viewing violent or sexual content on a particular medium is proven by social science research, the government then must prove that its legislative remedy--its censorship of the harmful expression conveyed via a specific medium actually causes ...

More articles like this:

Loading
We're searching over:
  • 60 million articles
  • 3,500 publications


Newsweek Harper's Magazine The Washington Post Chicago Tribune Crain's Chicago Business PRNewswire Pediatric News The Nation Advertising Age The Economist (US) Register Register