INTL3540 Lecture Notes - Imminent Lawless Action, Flag Desecration, Free Exercise Clause

• School: Boston College
• Department: International Studies
• Course: INTL3540
• Professor: Alan Rogers

Document Summary

Judge barred the press and their ability to report on what was going on. The paper brought suit because trails are supposed to be public, that"s a 1st amendment guarantee. 7-1, yes it is guaranteed and the judge cannot do that. Brandenberg v. ohio (1969: speech case, right to free speech as guaranteed by the 1st amendment, brandenburg is a crazy lunatic. Precedent: whitney: difference between advocating for it and it being a real threat: takes speech a step further towards free. Unless it is speech that will lead to imminent lawless action it cannot be restricted: the conclusion of holmes"s dissent in abrams. From then on there is an increase in free speech. Look up: roth v. u. s. (1957): average person rather than that person most susceptible. Look up: miller v. california (1973): new piece in the roth test, adds to it with the issue of pornography.