Table of Contents
Seven First Amendment Theories
Judges have several theories to rely on when making decisions about cases that deal with freedom of speech or expression. These theories help to guide their thinking about each case and also provide a rationale for their decisions in cases. The Seven First Amendment Theories are:
- Absolutist theory
- Ad hoc balancing theory
- Preferred position balancing theory
- Meiklejohnian theory
- Marketplace of ideas theory
- Access theory
- Self-realization/Self-fulfillment theory
While judges and jurists use the theories on a case-by-case basis, many may consistently adhere to one theory in most of their decisions. This is a result of the way in which we view the First Amendment. After reading about each of the theories on pages 45-50 of your textbook, choose one theory that you believe you would most likely rely on in the majority of cases that you might be presented with if you had to make a decision about cases involving freedom of speech or expression. Your paper should include the following elements:
- Describe a current, controversial situation involving freedom of speech or expression.
- Explain your chosen theory.
- Discuss how the theory applies to the current, controversial situation.
The paper must be three to four pages in length (excluding title and reference pages) and formatted according to APA style. You must cite at least one reference from the textbook and at least one reference from scholarly outside reading material. References for each of the stories must also be included. Cite your sources in text and on the reference page. For information regarding APA samples and tutorials, visit the Writing Center, within the Learning Resources tab on the left navigation toolbar, in your online course.
Carefully review the Grading Rubric (Links to an external site.) that will be used to evaluate your assignment.
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