AJ 025 Lecture Notes - Lecture 25: Pentagon Papers, Prior Restraint, Symbolic Speech

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It does not mean that indivudials are free to say whatever they desire. Among the rights guaranteed by the first amendment is right of free. Best illustrated by the famous statement of justice holmes in schenck v. The right of freedom of speech from the first amendment is not absolute. The most stringent protection of free speech would not protect a whenever they desire. United states 1919 man in falsely shouting fire in a theater and causing panic. Schenck held that congress could restrict speech that created a. The crucial question centers on what speech is protected and what speech may be controlled or even forbidden by the constitution. One example for censorship was the pentagon papers in the new york. The us government could not block the publication of the. Pentagon papers which were secret papers about the vietnam war that had been stolen from the pentagon.

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