First Amendment Theories

Ad Hoc Balancing Theory

"Freedom of expression" is considered on a case-by-case basis

First amendment theories

Ad Hoc Balancing, Access, Absolutist, Marketplace of Ideas, Meiklejohnian, Preferred Position, Self-Fulfillment/Self-Realization

Marketplace of Ideas

All speech and ideas on a particular topic is welcome, and over time, the "bad" speech/ideas will be defeated by the "good" speech/ideas. The primary goal of free speech is finding the "truth". Encourages public discourse on a particular topic

Preferred Position

Freedom of expression is considered to have greater importance than other freedoms and rights. This view is often reflected in the high burden of proof needed to justify censorship. Often seen in defamation and privacy cases

Absolutist Theory

Government cannot censor speech or the press for any reason. This would include all instances of defamation, obscenity, pornography, hate speech, and threats of violence

Meiklejohnian Theory

Privileges speech reflecting self-government and political ideals above all other forms of speech. Creates a hierarchy of speech, with political speech placed at the top

Self-Realization/Self-Fulfillment Theory

Speech as a form of "identity." Express who you are with no other intent. Not trying to reach a "truth": Not intended to influence others, Not meant to be political or offensive, Speech is merely an end in itself

Access Theory

Those with access to the media will have greater First Amendment rights and more influence on others. Contribution to the marketplace of ideas is not equal for all people. Skews the "truth." The rise of the Internet (including social networks and blogs) has helped even the playing field