LAWS 2180 Lecture Notes - Flag Desecration, Free Exercise Clause, Imminent Lawless Action
Document Summary
Paul branzberg v. hayes (1972: article appears in louisville in the newspaper talking about drug trade. 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.
