Ch 4 Slides (1) - Review of Philosophies of Constitutional...

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Unformatted text preview: Review of Philosophies of Constitutional Interpretation - Most prevailing are Literalist & Social Confonnist (See Ex.4.1, p.85 in text) I Literalist I ‘pure speedl" free from regulation I Speed'l plus amduct may be regulated (limited) I Polltiully neutral I Cm‘tdisalmlmte based on speake- orvrillt’s being said I Social Conformlst ISpeedIisplotected,butwlthm1tent dawnedsodally goodornotand limited withabalanoeol'oompeunghtm Iflon~speed1ldoesnotadvanceasoclalpoodi lsnotpl'mected Time, Place and Manner Restrictions I See text, pp.86-87 for further discussion of non-speech categories I After review, it seems apparent that the Supreme Court bases its First Amendment interpretation on a social conformist view in that it has created these non-speech categories. 912312010 Limitations I The Supreme Court limim freedoms on expression in a variety of ways ITlme, place and manner restrictions ISpeech plus conduct concept (limrallst) I Location-based forum approach I Literalist and social conformist views I Content restrictions I Limited scope I Obscenity/Indecency I Non—W? (social oonformist view) Time, Place and Manner Restrictions Applying the LI‘beraiisl: View, the Supreme Court has found rstrictlons on communication conduct to be permissibie as long as those restrictions are content- neutral. I www.mmmmermns I mm,hmiorme0ourttooetemflne content-mm, meoootentol'themessage mustbeoonsldered,whichrequlressomeuseof mesodalwnformlsttheory. I Qum-speedldmifiatlons histnrlallvnot protected,and hfactoitenpunished: Im;m;wmw:w mmmmmmmwmm limlellllhlllqalm;mflutpusm immmmmm;wm Wlm:mury. Time, Place and Manner Restrictions I Applying both theories, the Court has also created several limitations on the liberties of free speech and free press I From a Literalist view, the Court distinguishes between pure speech and speech plus conduct and then allows restrictions based on time, place or manner of speech or the forum In which the expreslon takes place I From a Social Conformlst view, the Court ailows limitations based on content. ...
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