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unprotectedspeech - Constitutional Law II Fall 2006 Prof...

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UNPROTECTED SPEECH Congress shall make no law ... abridging the freedom of speech Marketplace of Ideas Self- governance Self- fulfillment interpretation invokes theories of free speech Subversion Incitement Fighting Words Hate Speech Obscenity Defamation Action, not speech Utterance inflicts injury Fails to serve 1am purposes theories of non speech giving rise to categories of unprotected speech advocacy tending toward lawlessness Solicitation & Threats advocacy of specific and imminent unlawful action concrete threat / urging others to commit a crime provoking an immediate breach of the peace prurient speech lacking any redeeming social value inflicting injury with obloquy & suppressing debate inflicting injury with obloquy and false facts tendancy (even as refined with clear & present danger test) is too abstract and sub- jective, esp when law- lessness never occurs hurtfull speech may nonetheless contribute to the political debate, and can be countered by more speech (usually)
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