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Published byRuby Hood Modified over 8 years ago
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1 st Amendment Part 1
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What is Speech?
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Prohibited (Not Allowed) Speech obscene language (curse words) perjury (lying under oath) bribery speech that incites violence time, place, manner – Ex. shouting “fire” in crowded theater
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First 150 years Alien and Sedition Acts of 1798 made it a crime to criticize the govt Supreme Court used Process of Incorporation to apply 1 st Amendment to states they needed to come up with standards on how to rule
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Clear and Present Danger (1919) during WW1, speech could be prohibited if there was a “clear and present” danger that it would lead to harm
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Marketplace of Ideas Justice Oliver Wendell Holmes speech and ideas should not be banned; they should be allowed to compete against each other like products in a market
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Individual Growth Justice Louis Brandeis speech should remain unrestricted as a means to individual growth and as defense against irrational fears Salem Witch Trials
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Just For Thought Why should we protect speech? Have we gone too far?
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