Archived posting to the Leica Users Group, 1999/01/11
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Just following this thread for two days got me two points on my MCLE (the lawyers will get this one!) This whole discussion reminds of my law school ex-girlfriend's justification for saying something stupid - that the First Amendment allows her to say it. (How she graduated I don't know). Marc James Small wrote: > At 09:19 AM 1999-01-10 -0800, Bryan Caldwell wrote: > > > >There are many other areas which receive lesser > >First Amendment protection or no protection at all. For instance, commercial > >speech (that which proposes a commercial transaction) has been afforded a > >lesser degree of First Amendment protection by the U.S. Supreme Court than, > >say, political or religious speech. Obscenity receives a lesser protection > >as does child pornography. Then, of course, there are the matters of slander > >and libel - where First Amendment protections have wide application, but are > >not absolute. > > > >The generally accepted test for regulating speech which inspires lawless or > >dangerous activity is that the speech must (1) be directed to inciting or > >producing imminent lawless action; and (2) it is likely to incite or produce > >such action. > > > >And remember, even protected speech can often be subject to reasonable time, > >place and manner restrictions. > >