S. 2084, a Bill to Amend the Small Business Act to Allow the Small Business Administration to Make Loans to Small Business Concerns Whose Primary Business is the Communication of Ideas: Hearing Before the Committee on Small Business, United States Senate, Ninety-eighth Congress, Second Session, on S. 2084 ... May 17, 1984
U.S. Government Printing Office, 1984 - 233 Seiten
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activities Administration advance advertising agency allow Amendment appear applicant Association attempting authority avoid basis believe bill bookstore broad broadcasting Committee communication concerns Congress considered constitutional constitutionally controversial Court decisions deny determination direct effect eligible engaged enterprises equal established example exceptions excluded exercise expression fact federal financial assistance firms freedom funding grant GREETING CARD hearing ideas industry ineligible involved issue language legislation loan materials matter motion picture movie newspapers obscene operate opinion molder policy opinion molder rule owner Park particular political position present primarily problems prohibition promote proposed protected public interest publishers question reasonable record regulations religious require SASSER SBA's Senator Small Business Small Business Administration speech standard statement statute Supreme Court television theatres tion types United vague values
Seite 16 - The basic guidelines for the trier of fact must be: (a) whether "the average person, applying contemporary community standards...
Seite 15 - These later decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.* As we said in Noto v.
Seite 41 - There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words — those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.
Seite 179 - Under the First Amendment there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the competition of other ideas.
Seite 56 - ... would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Seite 18 - It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise...
Seite 23 - does not speak equivocally. It prohibits any law "abridging the freedom of speech, or of the pres.s." It must be taken as a command of the broadest scope that explicit language, read in the context of a liberty-loving society, will allow.
Seite 159 - ... general policies (particularly with reference to the public interest involved in the granting and denial of applications for financial assistance by the Administration and with reference to the coordination of the functions of the Administration with other activities and policies of the Government), which shall govern the granting and denial of applications for financial assistance by the Administration.
Seite 36 - Moreover, even though we recognize that the First Amendment will not tolerate the total suppression of erotic materials that have some arguably artistic value, it is manifest that society's interest in protecting this type of expression is of a wholly different, and lesser, magnitude than the interest in untrammeled political debate that inspired Voltaire's immortal comment.