Get Fighting Words: Individuals, Communities, and Liberties of PDF

By Kent Greenawalt

ISBN-10: 0691036381

ISBN-13: 9780691036380

ISBN-10: 1400811848

ISBN-13: 9781400811847

Should still "hate speech" be made against the law, or does the 1st modification oblige americans to allow using epithets directed opposed to a person's race, faith, ethnic foundation, gender, or sexual choice? Does a campus speech code increase or degrade democratic values? whilst the yank flag is burned in protest, what rights of loose speech are concerned? In a lucid and balanced research of latest complaints facing those difficulties, in addition to these of obscenity and office harassment, acclaimed First modification pupil Kent Greenawalt now addresses a extensive common viewers of readers drawn to the most up-tp-date loose speech concerns.

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Example text

34 Since prostitution per se is not illegal in Canada, it was not certain what Justice Wilson would have thought about solicitation to commit an independently criminal act, each instance of which might be regarded as involving a harmful consequence. On this point, Justice Lamer was much clearer. ”35 He identified provisions in the criminal code whose actus reus may consist wholly or partially of speech, including counselling a party to commit a crime and uttering threats. He suggested that whenever the law makes it criminal to convey a message through a traditional form of expression like speaking or writing, that should be viewed as a restriction on freedom of expression.

It is easy to see why the Court has long rejected this position. As Melville Nimmer pointed out, speaking and writing themselves are communications by symbols;6 if the significance of an ordinary act is to express an idea, the act should be treated similarly. 7 It refers 30 CHAPTER THREE to an earlier flag case8 that asks whether “[a]n intent to convey a particularized message was present, and . . ”9 As Nimmer explained, it is not enough that conduct convey some meaning to observers;10 under such a standard every act seen by others would qualify for First Amendment protection, since every act reveals some implicit meaning to others.

40 CHAPTER THREE THE POSSIBILITY OF AN EXCEPTION I have concluded that both Johnson and Eichman were more complicated cases than the majority indicated, but that an application of standard First Amendment principles did support the Court’s results. I now turn away from standard doctrines to ask whether something very special about the flag calls for an extraordinary approach. One could employ an argument for exceptional treatment to attack the result in Johnson, to support a different outcome under the federal law, or to support a constitutional amendment permitting flag legislation.

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Fighting Words: Individuals, Communities, and Liberties of Speech by Kent Greenawalt

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