Communication Law and The First Amendment

The communications law is a branch of the law that restricts and regulates the transfer and broadcast of expression. Speech can be transmitted through telephones, cable TVs, satellites, radios or even the internet. The first amendment is selective with the kind of speech that it protects. For instance, the types of unprotected by the bill include the one that promotes nudity, child pornography, threats, and fighting words. However, the harmless informative speech is protected. These include political rhetoric, expressive speech and most forms of commercial expression. They are protected on condition that they maintain the requirements set in the constitution about morality and the safety of the citizens.

Three main types of the first amendment theories are discussed below. First, we have the access theory. This theory states that freedom of speech is only essential for political purpose. Since the country is democratic, politicians are allowed to promote their agendas. The ad hoc balancing theory claims that the right to express oneself using speech is unique to every situation. Therefore, one is allowed to speak as long the statement is morally correct. The last theory is Meiklejohnian theory which states that the freedom of expression is more essential than all other freedoms and rights (Emerson, 10). Therefore, there is need to have proved of viable reason in case censorship is to be done.

Prior restraint means the right of the government to stop or control the expressions made in specific instances before it happens.

The government does not prevent particular information from reaching the public for no reason. The first reason is that some data might be critical. Other information might be vital to national security. Lastly, the speech might be embarrassing to the government or its top officials. Embarrassing information might lower the dignity and power of the people in leadership.

Work cited
Emerson, Thomas I, “Toward a General Theory of the First Amendment.” Faculty Scholarship Skills. 1963.