LAW 4131 Lecture Notes - Lecture 1: Kbtc-Tv, List Of Muppets, Chaplinsky V. New Hampshire
Document Summary
If there is no government action, it is ok to limit. If it is not affecting speech, ok to limit. Prior restraint shifts burden to government (higher standard). But is it in unprotected class of speech? (fighting words, true threats/harassment, child porn, obscenity, false/misleading/illegal commercial speech, defamation. ) Definitional problems: very difficult to distinguish what is offensive - very subjective and tends to vary by the times. Problematic for the government to decide what is offensive. Most sensitive would control what is allowed, so something lyrical to one person may be considered offensive to another and thereby outlawed. The most sensitive might not be the majority. Skepticism of governmental power - which 1a addresses. Village of skokie v. national socialist party of america (1977) Facts: the party wanted to march peacefully in front of the court house wearing nazi uniform and hand out pamphlets about people who should not be allowed in this country.