BLAW 2013 Lecture Notes - Lecture 8: Fame X, Symbolic Speech, Exclusionary Rule
10 Feb 2017
School
Department
Course
Professor
Document Summary
Communicate political opinions/ non-commercial speech: e. g. ) 5 v. 4 tight decisions but accepted. Value the liberty & free right of expression: commercial speech. Gov"t can restrict much more degree of speech. = gov"t could regulate & prohibit this advertising: unprotected speech, clear and present danger. Something harms one"s reputation/ status/ fame =x: obscenity. Private possession of obscene material= protected (ok!: u. s. v. white. (even if they are at their home) Languages that can make ppl mad= not included in unprotected speech. State v. brown: warrant, justifiable excuse. Emergency, pat down pursuant to lawful stoppage. To protect policeman (from criminal: checking cell phone= ng! Not included in justifiable excuse (need consent/ warrant) W/o consent/ warrant= illegal: exclusionary rule. Evident found illegally= cannot use it in court. 5th amendment: protection to accused in criminal cases: double jeopardy, self incrimination, due process. Statement= not be used (if it was before given info) => get opportunity to explain the situation (defend yourself)
