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The First amendment and unprotected speech
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The Supreme court has ruled that we cannot just say what we want.
In other words, the first amendment is not absolute.
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Override freedom of speech.
Public interest like National Security Personal Safety and Justice Override freedom of speech.
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Here are the types of speech
that are not protected
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another person’s reputation
Libel Words to damage another person’s reputation Are not protected by the first amendment
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Value, difficult to prove use a community standard
Obscenity Words without Value, difficult to prove use a community standard
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When the invasion causes
Invasion of Privacy When the invasion causes mental distress
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copy copyrighted material There are limits on how much of
a product you can copy Napster anybody?
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other people to break the law You can’t encourage people to
When you try to inspire other people to break the law You can’t encourage people to break into a business to steal records
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These are words that would
Fighting words Hate speech These are words that would cause violence. Again not protected
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Clear and PResent Danger WIll the words harm national security
Threats or sharing national secrets You cannot yell fire in a crowded theater
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Advertise illegal products
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Speech that is disruptive to school activities
this includes words and actions Was tinker too disruptive?
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These are areas that the Supreme court
has said should not be protected. Can you think of any others?
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