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First Amendment

First Amendment. Are you an absolutist or a relativist?. Nat Hentoff: Absolutist. Northeastern graduate. Nat Hentoff: Absolutist. Northeastern graduate Wrote liner notes for John Coltrane and Bob Dylan albums. Nat Hentoff: Absolutist. Northeastern graduate

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First Amendment

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  1. First Amendment Are you an absolutistor a relativist?

  2. Nat Hentoff: Absolutist • Northeastern graduate

  3. Nat Hentoff: Absolutist • Northeastern graduate • Wrote liner notes for John Coltrane andBob Dylan albums

  4. Nat Hentoff: Absolutist • Northeastern graduate • Wrote liner notes for John Coltrane andBob Dylan albums • First Amendment views formed by getting kicked off the Northeastern News

  5. Robert Bork: Relativist • Served Richard Nixon

  6. Robert Bork: Relativist • Served Richard Nixon • Failed Supreme Court nominee

  7. Robert Bork: Relativist • Served Richard Nixon • Failed Supreme Court nominee • Blames liberal judges for protecting “vulgarity and obscenity”

  8. Understanding“make no law” • Hentoff: Any restriction on speech, even libel law, violates the First Amendment

  9. Understanding“make no law” • Hentoff: Any restriction on speech, even libel law, violates the First Amendment • Bork: The First Amendment was meant to protect political speech, not indecency and violence

  10. Understanding“make no law” • Hentoff: Any restriction on speech, even libel law, violates the First Amendment • Bork: The First Amendment was meant to protect political speech, not indecency and violence

  11. Hentoff on obscenity • Founders were unconcerned

  12. Hentoff on obscenity • Founders were unconcerned • Supreme Court didn’t mention until 1957

  13. Hentoff on obscenity • Founders were unconcerned • Supreme Court didn’t mention until 1957 • Brennan (right), in Roth, introduced social value

  14. Lenny Bruce • A satirist with a dirty mouth

  15. Lenny Bruce • A satirist with a dirty mouth • How do you define social value?

  16. Lenny Bruce • A satirist with a dirty mouth • How do you define social value? • Won on appeal,but it was too late

  17. Bork on obscenity • Criticizes Snoop Dogg, Nine Inch Nails

  18. Bork on obscenity • Criticizes Snoop Dogg, Nine Inch Nails • Driven by aesthetic as well as legal judgments

  19. Bork on obscenity • Criticizes Snoop Dogg, Nine Inch Nails • Driven by aesthetic as well as legal judgments • Hentoff may be wrong — Chaplinsky,Near v. Minnesota

  20. Hentoff versus Bork • Protection of political ideas versus threat of censorship

  21. Hentoff versus Bork • Protection of political ideas versus threat of censorship • A loophole for censors versus a loophole for pornographers

  22. Hentoff versus Bork • Protection of political ideas versus threat of censorship • A loophole for censors versus a loophole for pornographers • Minority rights versus majority rule

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