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Preferred Position Doctrine states that the freedoms of speech, the press, and religion should be given precedence when they do not coincide with other fundamental rights. This was established during the Murdock versus Pennsylvania case in 1943.
Wiki User
∙ 9y ago
The preferred position doctrine is a legal principle that recognizes the First Amendment protection of free speech by placing a heavy burden on the government to prove that restrictions on speech are necessary. It means that speech should be protected unless there is a compelling reason to restrict it.
Wiki User
∙ 15y agoanother way of saying "preferred freedom doctrine", which states that certain fundamental human rights are above even constitutional ones during a trial.
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How was the Miranda doctrine adopted by the Philippine Constitution?
how was the doctrine (miranda doctrine) adopted by the philippine constitution
Review the discussion of the doctrine of election of remedies. What are some of the advantages and disadvantages of this doctrine?
The doctrine of election of remedies allows a party to choose a specific legal remedy to address a single harm. Advantages include providing flexibility to choose the most favorable remedy and avoiding double recovery. Disadvantages may arise when a party's choice limits their ability to pursue additional remedies or when the chosen remedy proves inadequate.
How does equity view the doctrine of Jus accrescendi?
Equity may uphold or override the doctrine of Jus accrescendi depending on the specific circumstances of a case. Equity seeks to ensure fairness and prevent unjust enrichment, so it may choose to apply or modify the doctrine to achieve a just outcome.
What doctrine holds physicians legally responsible for negligent acts of their employees?
The doctrine that holds physicians legally responsible for negligent acts of their employees is called "vicarious liability" or "respondeat superior." Under this doctrine, employers are held responsible for the actions of their employees that occur within the scope of their employment.
What legal doctrine was established to control police misconduct?
The legal doctrine established to control police misconduct is called "qualified immunity." This doctrine protects government officials, including police officers, from being held personally liable for civil damages as long as their actions did not violate clearly established statutory or constitutional rights.
What holds that first amendment freedoms are more fundamental than other freedoms?
preferred position doctrine
What are the supreme courts four guidelines for limiting free speech?
1.clear and present danger 2. the bad tendency doctrine 3. the preferred position doctrine 4. Defamatory Speech
What is the preferred position standard?
doggie
What three tests does the supreme court use to set limits on free speech?
1. The "clear and present danger" rule. 2. The bad tendency doctrine. 3. The preferred position doctrine.
What European would most have supported the US position in the Monroe doctrine?
Britian
What did the United States in Monroe Doctrine?
The Doctrine stated the United States policy position that the Americas were no longer to be considered an area open to European influence or colonization.
What European country would most have support the US position in the Monroe Doctrine?
Britian
Does the Marshall plan support the Truman Doctrine?
Yes, these were mutually supportive US policies. The Marshall Plan was used to rebuild western Europe, which was then in a better position to resist the encroachment of communism, thereby supporting the Truman doctrine.
Why is a Right Anterior Oblique position for sternum preferred instead of Left Anterior Oblique?
To get the Sternal projection off of the hear shadow.
Posterior pelvic tilt?
Preferred position of the pelvis that elongates the lumbar spine and shortens the over stretched abdominal muscles during pregnancy.
What was Pope Benedict XVI's position in the Church before he became pope?
He was a cardinal and the Prefect of the Sacred Congregation for the Doctrine of the Faith, part of the Roman Curia.
What is your ideal position will you consider positions other then this?
When applying for a job, you may want to express motivation to consider other positions. For example, you could state that you are enthusiastic to work for the company, even if it is not in your preferred position.
