Editing Constitutional Law Stone/Outline II
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== The Problem of “Dangerous Speech” == | == The Problem of “Dangerous Speech” == | ||
## '''First Amendment'''''':''' | ## '''First Amendment'''''':''' “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” | ||
### “Speech” includes more than just verbal action; it includes symbolic action as well (like conduct that is intended to convey a particular message) | ### “Speech” includes more than just verbal action; it includes symbolic action as well (like conduct that is intended to convey a particular message) | ||
### FS cases involve balancing of 1A and gov’t’s interests (protects freedom from gov’t not private individuals). A particular outcome often hinges on what justification of 1A protection is at stake... | ### FS cases involve balancing of 1A and gov’t’s interests (protects freedom from gov’t not private individuals). A particular outcome often hinges on what justification of 1A protection is at stake... | ||
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*## Categories of speech that don’t contribute to the marketplace of ideas receive little or no protection (examples: obscenity and threats). | *## Categories of speech that don’t contribute to the marketplace of ideas receive little or no protection (examples: obscenity and threats). | ||
*# Self-governance: Public discussion of public issues of public importance makes government stronger. | *# Self-governance: Public discussion of public issues of public importance makes government stronger. | ||
*## Important to Framers of | *## Important to Framers of Const’n. Must be able to comment on issues of public importance. | ||
*## Whether speech is of public or private nature will have operational significance: this plays out in defamation cases in which you are much more protected in first amendment if you defame president then would be to defame your dentist. | *## Whether speech is of public or private nature will have operational significance: this plays out in defamation cases in which you are much more protected in first amendment if you defame president then would be to defame your dentist. | ||
*# Self-realization: Even if speech has no larger purpose, it helps people fulfill themselves, emotions + feelings. Meaningful to individuals and provides satisfaction by being able to express yourself. | *# Self-realization: Even if speech has no larger purpose, it helps people fulfill themselves, emotions + feelings. Meaningful to individuals and provides satisfaction by being able to express yourself. |