Law

The Obverse of the First Amendment

[I]f the First Amendment protects my right to say stuff (as long as it doesn't hurt people) then doesn't it also protect my right not to listen to stuff too[?]
—[Ernie the Attorney]

Yes.

Particularly in obscenity cases, one of the arguments in favor of allowing speech is that the viewer, reader, listener, can always remove oneself. Additionally, one of the arguments against billboard advertising of tobacco products is the inadvertent exposure of an illegally targeted market to that form of speech. FindLaw helpfully footnotes the appropriate decisions: Rowan v. Post Office Dep't, 397 U.S. 728 (1970), FCC v. Pacifica, 438 U.S. 726 (1978) and Erznoznik v. City of Jacksonville, 422 U.S. 205, 208-12 (1975).

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categories: Law, Media