Author Question: State courts rarely have concurrent jurisdiction with federal courts over federal claims. ... (Read 78 times)

AEWBW

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State courts rarely have concurrent jurisdiction with federal courts over federal claims.
 
  Indicate whether the statement is true or false

Question 2

What are the concerns related to subliminal speech in entertainment? Should subliminal messages be afforded First Amendment protection?
 
  What will be an ideal response?

Question 3

The Congress, the Executive and Judiciary branches are equal branches of government.
 
  Indicate whether the statement is true or false



CAPTAINAMERICA

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Answer to Question 1

False

Answer to Question 2

The primary concern over subliminal speech is that it can influence a person's behavior or attitude subconconsciously. In Waller v. Osbourne, 763 F. Supp. 1144 (M.D. Ga. 1991), the plaintiffs brought a wrongful death action asserting that their son had been incited to commit suicide through the music, lyrics, and subliminal messages contained the song Suicide Solution on the album Blizzard of Oz by John Ozzy Osbourne. The court noted that the presence of a subliminal message (similar to false and misleading commercial speech) has little social value. If the song had subliminal messages, the music would then have no First Amendment protection. The court concluded that the most important characteristic of a subliminal message is that it enters into the brain while the listener is unaware that he or she has heard anything at all. Ultimately, the court held the plaintiff had failed to produce evidence from which one could even infer that there was a subliminal message in the song. In another case involving the group Judas Priest, a trial judge ruled that subliminal speech or music on record albums did not deserve First Amendment protection and that people have the right to be free from this type of speech.

Answer to Question 3

True



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