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Study Notes- Constitutional Law

Bollinger decided in 2003 the sc upheld the

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Unformatted text preview: he words would cause a RPP to fight then the speech is not protected. "such utterances are no essential part of any exposition of idea, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality". Cohen v. California – D had "Fuck the draft" on his jacket. The court said that this was protected. To be fighting words must be directed at a single person. "one man’s vulgarity is another man’s lyric." "we cannot sanction the view that the Constitution, while solicitous of the cognitive content of individual speech, has little or no regard for that emotive function which may often be the more important element of the overall message sought to be conveyed" American Book Seller’s Ass’n v. Hudnut – law prohibited all pornography of women. The court agreed with the city’s argument that this was fighting words, but struck down because it was not imminent. i. Low value 1. Fighting words "are no essential part of the exposition of ideas, and are of such slight value as a step to truth that any benefit derived from them is clearly outweighed by the social interest in order and morality." 2. But note that fighting words are not entirely without value Equal Protection under the 14th Amendment The EP clause of the 14th Amend says that “no state shall make or enforce any law which shall…deny to any person…the equal protection of the laws.” However, its broad language has been interpreted as generally restraining or placing limits on government’s use of classifications in other areas, such as gender, nationality, etc. While the EP clause does not expressly limit the federal government, the DP clause of the 5th Amend...
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