Author : Eugene B. Minchin
Publisher :
ISBN 13 :
Total Pages : 97 pages
Book Rating : 4.:/5 (98 download)
Book Synopsis Child Rearing and the First Amendment by : Eugene B. Minchin
Download or read book Child Rearing and the First Amendment written by Eugene B. Minchin and published by . This book was released on 2014 with total page 97 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the First Amendment right of minors to receive speech within the context of parental rights and the ostensible governmental interest of protecting children from harmful materials. The thesis begins with an historical overview of the substantive due process rights of parents to raise their children; it then delves into relevant legal scholars' work in the field of child-protection censorship and draws on the theoretical free-speech justifications of the marketplace of ideas, democratic self-governance and human dignity to suggest that many governmental attempts to protect minors from speech are based upon cultural assumptions rather than scientific evidence. Examining the judicial standard of strict scrutiny in the post-Brown v. Entertainment Merchants Association landscape, this thesis finally contends that the harms foisted upon the free-speech rights of children and the parental rights of adults generally outweigh any benefits produced by state attempts to keep minors ignorant about potentially difficult or offensive ideas.