LEGALST 39D Lecture Notes - Lecture 11: Rational Basis Review, Miller Test, Chaplinsky V. New Hampshire
14 Nov 2016
School
Department
Course
Professor
Document Summary
Court got around the absolute language of the first amendment. Used to look into the box and bar content/ viewpoint discrimination. Later not look into the box speech is speech is speech. Douglas dissent: any test that turns on whether is offensive to the community is too someone is offended. Can look into the content of that box. Selling girlie magazines to a minor under 17 is a crime. Need to pass rational basis test (because speech does not fall under the first. Different than roth because involves a minor. Brandenburg dissent: the line between what is permissible and permissible is thought and action. Cannot put someone in jail for their bad thoughts. Miller test: whether average person would find the work prurient and the work has no social value. Different fact: child involved in the pornographic content. Look even deeper into the content who is depicted. State has more leeway in punishment protect wellbeing of minor.
