Saving Our Children from the First Amendment

Index

Abortion rights of minors, 104–5 Abrams v. United States, 4, 30 Action for Children’s Television v. Federal Communications Commission, 206, 210, 259–60 Adults: enhancing adult rights by limiting children, 143–44; need to allow access by regulating children, 166, 168, 177, 212, 222–25, 258 Advertising, 53–56, 213–27; effects on children, 1, 3, 54–55, 219–23; and free market, 217; of films, R- and PG-13 rated, aimed at children, 214–16; of tobacco aimed at children, 213–14; of violent entertainment aimed at children, 214–16. See also Commercial speech, protection for Age for full rights, 14–15, 65, 252, 259–60 Alcohol: portrayal in the media, 53–55; use by children, 1, 53 Alternative, less restrictive. See Narrow tailoring ; Strict scrutiny Ambach v. Norwick, 231 Amendment to the Constitution to protect children, 17, 260–61 American Academy of Child and Adolescent Psychology, joint statement on media violence, 45 American Academy of Family Physicians, joint statement on media violence, 45 American Academy of Pediatrics, joint statement on media violence, 45 American Amusement Machines Association v. Kendrick, 13–15 American Booksellers Association v. Hudnut , 78–79 American Civil Liberties Union, 10–12 American Library Association, 11 American Library Association v. United States, 289n. 28 American Medical Association, joint statement on media violence, 45 American Psychiatric Association, joint statement on media violence, 45 American Psychological Association: joint statement on media violence, 45; Task Force on Television and Society, 43–44 Anderson, Craig, 47–48 Anti-Defamation League, 59–60 Aristotle, 50, 152 Autonomy as a First Amendment interest, 27–29, 38–40, 42, 265n. 23, 297–98n. 72 Baker, Edwin, 27–28 Bandura, Albert, 44 Beauharnais v. Illinois, 180–81 Belief, requiring declaration of, 229–30, 250, 254 Benefits of free expression, 4–7, 19–42 Bethel School District v. Fraser, 190, 192–97, 238–40, 243–49 Bigotry. See Hate speech Bitensky, Susan, 275n. 44, 298n. 84 Blackstone, William, 19 Blasi, William, 21, 70–72, 155 Board of Education, Island Trees Union Free School District v. Pico, 231, 233–38, 243–44, 250–52 Bok, Sissela, 50 Bollinger, Lee, 35–37 Brandeis, Louis (Justice), 30 Brennan, William (Justice), 143–44 Brown v. Board of Education, 246–47 Bushman, Brad, 48 Butler v. Michigan, 166 301 Index Carey v. Population Services, 106–7 Carlin, George, 57–58, 133–35, 160, 205 Catharsis, 49–50, 152 Censorship, 3 Centerwall, Brandon, 44 Central Hudson Gas and Electric Corp. v. Public Service Commission, 217–20 Chafee, Zechariah, 67–69 Channeling of broadcast media into late night, 134–35, 157, 160, 206, 211, 225–26 Chaplinsky v. New Hampshire, 36 Character development, 24–25, 98–99. See also Moral development of children Checking value of the First Amendment, 21–22, 155 Child Online Protection Act, 169–72 Children’s Internet Protection Act, 172, 289 n.28 Chilling effect of regulation of expression, 139, 144–45, 158–60, 168, 170, 177, 224–25 Civic education, 8, 23–26, 31, 38, 194–95, 228–31, 239–40, 245–55 Civic republicanism. See Civic education Clear and present danger, 2. See also Strict scrutiny Clor, Harry, 152 Cohen v. California, 57–58, 151, 202–5, 208–12 Commercial speech, protection for, 216–20. See also Advertising Commitment of minors, involuntary, 117–18 Commonwealth v. Barnhart, 110–11 Communications Decency Act, 10, 94, 166–69 Communitarianism, 74–79, 84, 95–96, 98–99; compared to social conservatism, 75–76 Community standards for obscenity, 135–36; and the Internet, 171, 176 Compelling governmental interest. See Strict scrutiny Consequences for Juvenile Offenders Act of 1999, 146–47 Contraception, 104–7 Costs of free expression, 4–7, 43–66 Criminal law: age for criminal liability, 86–87; procedures for minors, 119–21, 282n. 52; responsibility of children compared to expression rights, 261–62, 299n. 9 Cruzan v. Director, Missouri Department of Health, 109 Cultivation hypothesis, 52, 101–3 Cursing canoeist, 207–9 Curtis Publishing Co. v. Butts, 61 de Grazia, Edward, 136–37 DeGaetano, Gloria, 46–47 Delgado, Richard, 58–59, 63, 77, 186 Denno v. School Board of Volusia County, 291n. 33 Dill, Karen, 47–48 Disassociation, governmental, with expression , 242–45, 249 Doe v. University of Michigan, 184–86 Dot Kids Implementation and Efficiency Act of 2002, 172 Dworkin, Andrea, 78 Due Process Clause protection of expression , 68–69, 141–42 Eisenstadt v. Baird, 106 Elliott, Jane, 199–200 Emerson, Thomas, 32–33 Employment Division v. Smith, 276–77n. 11 Entertainment and...