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What Is the Value of Sex Speech? Exp...
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Wagner, Kyla P. Garrett.
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What Is the Value of Sex Speech? Exploring the Disconnect Between Law & Society to Determine First Amendment Protection for Sex Speech.
紀錄類型:
書目-電子資源 : Monograph/item
正題名/作者:
What Is the Value of Sex Speech? Exploring the Disconnect Between Law & Society to Determine First Amendment Protection for Sex Speech./
作者:
Wagner, Kyla P. Garrett.
出版者:
Ann Arbor : ProQuest Dissertations & Theses, : 2019,
面頁冊數:
184 p.
附註:
Source: Dissertations Abstracts International, Volume: 80-12, Section: A.
Contained By:
Dissertations Abstracts International80-12A.
標題:
Law. -
電子資源:
http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=13858633
ISBN:
9781392203033
What Is the Value of Sex Speech? Exploring the Disconnect Between Law & Society to Determine First Amendment Protection for Sex Speech.
Wagner, Kyla P. Garrett.
What Is the Value of Sex Speech? Exploring the Disconnect Between Law & Society to Determine First Amendment Protection for Sex Speech.
- Ann Arbor : ProQuest Dissertations & Theses, 2019 - 184 p.
Source: Dissertations Abstracts International, Volume: 80-12, Section: A.
Thesis (Ph.D.)--The University of North Carolina at Chapel Hill, 2019.
This item must not be sold to any third party vendors.
According to First Amendment doctrine, speech and expression related to sex (henceforth referred to as "sex speech") are considered low-value speech. As a result, sex speech receives marginal legal protection. But the lack of protection for sex speech seems inconsistent with American society in the 21st century. Thus, is sex speech really low-value?Guided by this question, this dissertation studied the social perceptions of sex speech to determine the scope of the disconnect between law and society on the value of sex speech. This dissertation relied on a combination of legal and social science research methods: a legal analysis of 108 U.S. Supreme Court cases on sex speech and a national public opinion survey of 1,300 U.S. citizens.The case analysis and public opinion survey revealed that both the Court and the U.S. public perceive sex speech serves little social and political purposes and that sex speech is less valuable than other speech types. Additionally, the Court and the U.S. public perceive a value-based speech hierarchy that ranks political speech at the top and sex speech near the bottom. But the two disagree on the distance between the speech rankings. The Court perceived significant differences between political speech and sex speech, while the U.S. public did not. This discrepancy likely explains why a disconnect between law and society exist on the value of sex speech. As a result, this dissertation recommends that the value of sex speech not be equated with its level of protection and that the level of constitutional scrutiny applied to sex speech be raised so that it is not treated differently from other speech types. Additionally, the low-value speech concept should incorporate speech mobility to allow for changes in speech value and status.Ultimately, the findings from this dissertation served three purposes: First, they shed light on the value of sex speech according to law and society. Second, they inform First Amendment doctrine regarding the protection of sex speech and the low-value speech concept. Finally, they demonstrate the usefulness of combining legal research and public opinion survey for questions about First Amendment doctrine.
ISBN: 9781392203033Subjects--Topical Terms:
600858
Law.
What Is the Value of Sex Speech? Exploring the Disconnect Between Law & Society to Determine First Amendment Protection for Sex Speech.
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According to First Amendment doctrine, speech and expression related to sex (henceforth referred to as "sex speech") are considered low-value speech. As a result, sex speech receives marginal legal protection. But the lack of protection for sex speech seems inconsistent with American society in the 21st century. Thus, is sex speech really low-value?Guided by this question, this dissertation studied the social perceptions of sex speech to determine the scope of the disconnect between law and society on the value of sex speech. This dissertation relied on a combination of legal and social science research methods: a legal analysis of 108 U.S. Supreme Court cases on sex speech and a national public opinion survey of 1,300 U.S. citizens.The case analysis and public opinion survey revealed that both the Court and the U.S. public perceive sex speech serves little social and political purposes and that sex speech is less valuable than other speech types. Additionally, the Court and the U.S. public perceive a value-based speech hierarchy that ranks political speech at the top and sex speech near the bottom. But the two disagree on the distance between the speech rankings. The Court perceived significant differences between political speech and sex speech, while the U.S. public did not. This discrepancy likely explains why a disconnect between law and society exist on the value of sex speech. As a result, this dissertation recommends that the value of sex speech not be equated with its level of protection and that the level of constitutional scrutiny applied to sex speech be raised so that it is not treated differently from other speech types. Additionally, the low-value speech concept should incorporate speech mobility to allow for changes in speech value and status.Ultimately, the findings from this dissertation served three purposes: First, they shed light on the value of sex speech according to law and society. Second, they inform First Amendment doctrine regarding the protection of sex speech and the low-value speech concept. Finally, they demonstrate the usefulness of combining legal research and public opinion survey for questions about First Amendment doctrine.
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http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=13858633
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