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ERIC Number: ED141843
Record Type: Non-Journal
Publication Date: 1977-Mar
Reference Count: N/A
A Rationality Standard for the First Amendment.
Rohrer, Daniel M.
This discussion summarizes the general principles that may be applied in determining the limits of free expression and proposes new criteria based on libertarian values. Among the general principles summarized are the bad-tendency test, the clear-and-present-danger test, the balancing test, the incitement test, and the hypothetical absolute test. A new theory of free speech, the rationality standard, can permit a wide scope of expression and yet can resist attrition by interpretation. This doctrine asserts that all advocacy warrants unqualified protection, unless it is presented in such a context that the listener does not have an opportunity to decide rationally whether or not to heed the speaker's appeal. Conditions to which this standard may be applied include mind control and subliminal advertising. (KS)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment