The First Amendment, Freedom of Speech, Fair Use and False Advertising

1. What is the “sweat of the brow” doctrine, and why has the Supreme Court rejected it?

2. What is fair use? What are the four criteria that courts use to determine whether a use is a fair use?

3. Are there uses that are not fair use?

4. What are the three elements in the FTC’s definition of false advertising?

5. Do you think the decline of the media in this country represents a real threat to a free press?

6. If you can sue someone for telling the truth, how does this affect the 1st amendment law of the freedom of speech?

Please provide a few sources so that I may also further research the answers you give. Thank you again for your help.

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