Which of the following states the preferred-position doctrine? A person's right to express an opinion can supersede libel or slander laws. Laws limiting certain freedoms essential to a democracy are presumed unconstitutional unless proven to be necessary. Commercial speech cannot receive constitutional protection as it does not rise to the level of personal expression. A public school's right to maintain order is subordinate to a student's right to free speech.

Question

Which of the following states the preferred-position doctrine? A person's right to express an opinion can supersede libel or slander laws. Laws limiting certain freedoms essential to a democracy are presumed unconstitutional unless proven to be necessary. Commercial speech cannot receive constitutional protection as it does not rise to the level of personal expression. A public school's right to maintain order is subordinate to a student's right to free speech.

Answer 1

**Correct Answer: Laws limiting certain freedoms essential to a democracy are presumed unconstitutional unless proven to be necessary.**The preferred-position doctrine holds that certain fundamental freedoms, such as those protected by the First Amendment (e.g., freedom of speech and press), are so essential to a functioning democracy that any law restricting them is presumed unconstitutional unless the government can demonstrate a compelling need for the restriction.

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