MC 3080 : MC 3080 Notes Exam 1
Document Summary
Symbolic speech and expressive conduct symbolic speech = peace sign on shirt; Not-protected speech (as you go down this list in order, it"s easier for the government to limit that kind of speech) Some types of speech or expressive conduct do not merit first amendment protection because those types contribute too little good to society to outweigh the harm they are likely to cause (incitement to violence, fighting words, true threats) Schenck v. united states (1919) flier suggests insubordination. Holmes: the questions in every case is whether the words are used in such will bring about the substantive evils that congress has a right to prevent. What if it"s not directed toward government, but is directed toward an individual . Chaplinsky v. new hampshire (1942) circumstances and are of such a nature as to create a clear and present danger that.
