Balancing Approach to Free Speech
‘‘Balancing’’ refers to a method of adjudication used by judges to reach decisions through weighing the parties’ competing interests or rights.
‘‘Balancing’’ refers to a method of adjudication used by judges to reach decisions through weighing the parties’ competing interests or rights.
The ‘‘categorical approach’’ is a method of judging where decisions are reached through use of a preestablished system of classifications or categories.
In 1973, when an oil embargo caused fuel shortages, the New York Public Service Commission issued a regulation prohibiting electric companies from advertising to promote electricity use.