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Use Of Speech By The Federal Government

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The tests used by the federal government used to determine if certain types of speech can be censored or banned are as follows. The clear and present danger test which is a test where the government can restrict speech if there is evidence that the speech will cause a clear and present dangerous condition to the public(Bardes&Shelley, 2014, p.122). Direct incitement test protects the advocacy of illegal action under the First Amendment unless imminent action is likely to happen. For Instance, it can apply to the Supreme Court case Brandenburg v. Ohio when a KKK leader’s conviction was overturned (Bardes&Shelley, 2014, p.123). Bad Tendency test is when speech has a tendency to induce to induce illegal behavior (Notes). As defined in the Gitlow case when a left wing group was convicted of publishing a pamphlet that urged a violent overthrow of U.S. government (Bardes&Shelley, 2014, p.123). The Test Defamation of character, or Libel is ruining an individual’s good name in which the law bans individuals from making false, defamatory statements about others this includes slander (Bardes&Shelley, 2014, p.124). I personally believe the press, entertainers and public have been, and are within the right of the First Amendment right, freedom of speech. Some of the information you hear in the media is not always beneficial for example, some new channels or people side with groups that provide only what they want you to hear, and not always the full story. Sometimes media is regulated,

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