Freedom of speech - us law

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  • Publicado : 2 de noviembre de 2010
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Tarea sobre Freedom of Speech y la caricatura de los Príncipes de España.

Facts:

A California magazine Spain Today would like to reprint the cartoon published in Spain regarding Prince Felipeand his wife Leticia (“You realize if you get pregnant it will be the first time I have worked in my entire life!”). The magazine was fined and pulled from the shelves in Spain.

Question Presented:Under the US Constitution, Can a California magazine publish reprint a mocking cartoon refering Prince Phillippe of Spain’s prince and his wife regarding the possible pregnancy from sexualintercourse, as the only time prince had ever worked? I wouldn’t use the ‘Can’ expression, because the magazine has actually physical avalaibilty to publish that cartoon or picture. I would kindly suggest torephrase it by the hypothetical idea of Under the US Constitution is the……

Short Answer:

Yes, it can, meanwhile it is a cartoon published as an attempt to humour. Under the Constitutionalrights of freedom of speech and press established in the first amendment, the magazine can publish the article with the picture and caption of the prince and his wife: “You realize if you get pregnant itwill be the first time I have worked in my entire life!”.

As stated in Knievel v. ESPN (393 F.3d 1068) the First Amendment protects statements that cannot reasonably be interpreted as stating“actual facts” about an individual because exaggeration and non-literal commentary have become an integral part of social discourse.

To determine if a statement is about “actual facts” it has to bemeassure with the circunstances in which it was made, including the general tenor of the entire work, the subjectivity of the statements and the format of the work.

Even in the event the statement istrue, the truthness of it, is irrelevant because the caption cannot reasonable be interpreted literally in the context it was made, which is a cartoon, a humouristic representation of the reality, a...
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