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Speech / Expression

Speech / Expression. Speech / Expression. Prior Restraint: Government cannot prevent publication Near v. Minnesota New York Times v. United States. Speech / Expression. Prior Restraint: Exceptions: High school newspapers National security CIA. Speech / Expression. Public order:

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Speech / Expression

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  1. Speech / Expression

  2. Speech / Expression • Prior Restraint: • Government cannot prevent publication • Near v. Minnesota • New York Times v. United States

  3. Speech / Expression • Prior Restraint: • Exceptions: • High school newspapers • National security • CIA

  4. Speech / Expression • Public order: • Schenk v. U.S. • Sedition in the abstract v. immediately inciting violence • Public v. private property

  5. Speech / Expression • Fair trials: • SCOTUS had never upheld a restriction on reporting • Sources are not protected • Shield laws • Sequestering juries

  6. Speech / Expression • Obscenity: • “I know it when I see it” • Child pornography • Violence

  7. Speech / Expression • Libel and slander: • Public figures • Exceptions: • Consent • True

  8. Speech / Expression • Symbolic speech: • Schools • Texas v. Johnson • Draft cards • Cross burning

  9. Speech / Expression • Commercial speech: • False claims • Trend towards fewer restrictions

  10. Speech / Expression • Public airwaves: • As compared to printed media • Obscenity • Trend towards fewer restrictions

  11. Assembly • Group speech • Versus public order • Nazis, KKK • Abortion

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