PSCI 3303 Lecture Notes - Lecture 14: First Amendment To The United States Constitution, Lichen, Dominick Fernow
Document Summary
Know sanford dictum - incorporation of 1st amendment to the states. A spark can become a conflagration, must stamp out the spark. Oliver wedel holmes, originally used to suppress speech. Today it usually allows for marketplace of ideas. C&pd test doesn"t handle the big communist threat. Brandenburg v. ohio marked a move back to the c&pd test. Hicklin rule is the bad tendency test for obscenity. If sexual material may corrupt the most vulnerable, can be suppressed. Gets updated by berger to add community standards. Government can regulate speech when trying to regulate secondary effects. Time, place and manner, broadcast in the public medium, radio intrudes into your home.