SMG LA 245 Chapter Notes - Chapter 5.4-End: Imminent Lawless Action, Fifth Amendment To The United States Constitution, Commercial Speech
Document Summary
Does not protect us from private parties, such as corporations or other citi- zens. Congress shall not abridge the right of free speech - first amendment. Supreme court cases has extended virtually all of the important constitutional protections to all levels of national, state, and local government. Rights explicitly guar- anteed at one level are incorporated into rights that apply at other levels. Political speech is protected unless it is intended and likely to create imminent lawless action. Can also control time, place, and manner of speeches. The regulation of morality and obscenity presents additional problems. obscenity has never received constitutional protection. The supreme court has consistently held that is odes not play a valued role in our society and has refused to give protection to obscene works. 3 part test for if a creative work is obscene. Whether the average person, applying contemporary community stan- dards, would find that the work, taken as a whole, appeals to the prurient interest.
