How might a judge apply the different theories of Freedom of Speech and Freedom of Expression in attempting to stay within the precedents of the rulings of the Supreme Court when attempting to decide a case.

5 answers

We'll be glad to help you answer this question if you post the different theories you've learned about.
These are the theories I learned about that reflect this question. Absolutist theory, Ad hoc balancing theory, Preferred position balancing theory, Meiklejohnian Theory, Marketplace of ideas, Access theory, and Self-realization.
This site outlines each theory. It should help you answer this question.

http://www.uiowa.edu/~c019095/freespch.html

For instance, the absolutist theory demands that all speech be free and that a judge cannot abridge that freedom.
Thanks for the help!
You're welcome.
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