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Unformatted text preview: References are to Stone, Seidman, Sunstein, Tushnet, and Karlan, Constitutional Law (5 th ed.) and 2008 supplement. The Problem of "Dangerous" Speech First Amendment; Carolene Products n.4 (handout p. 1) Holmes, the "clear and present danger" test, and the marketplace of ideas: Schenck v. United States ; Abrams v. United States ; dissenting opinion of Holmes Syndicalist statutes: from to Brandenburg v. Ohio (pp. 1079-83 (stop at (6)); 1091 (start at Note)-1099 (stop at Note)) Implied First Amendment Rights (pp. 1436 (start at Pruneyard )1439 (stop at (5)) The right not to speak: Wooley v. Maynard ; Pruneyard Shopping Center v. Robins ; Hurley v. GLIB The right not to associate: pp. 1429-30 (stop at Note)); handout 41-51 Roberts v. Jaycees ; Boy Scouts of America v. Dale Stevens Dissent (The right not to be punished under vague or overbroad statutes (pp. 1142-51: Gooding v. Wilson ; The right to hold public employment and receive other public benefits free of "unconstitutional conditions": Rankin v. McPherson ; Mt. Healthy Elrod v. Burns ; Abood v. Detroit Bd. of Educ. ;...
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