COM 250 Study Guide - Midterm Guide: Strict Scrutiny, Chaplinsky V. New Hampshire, Brandenberg
28 Mar 2016
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What are the key issues in those areas. What is the current summary identification of the law. Example: fighting words if you trace it from chaplinsky, fuck the draft, yellow, rav, virginia vs. black. Hate speech is not illegal in the us. If it amounts to intimidation and put someone"s life in fear that is something else. You can be as hateful as you want to be. Has got to amount to a criminal incitement like brandenberg. Because people say their opinion, and because of the first amendment you can"t really have the government too involved. Elements of privacy + definition: constitutional, statutory, tort. How has the courts definition has change from the raugh(?) case to miller. Obscenity if something is declared to be so, its not protected speech. Everything depends on context (who says it, when, how) Only if they satisfy the strict something test.
