POL 102 Lecture Notes - Lecture 3: Pentagon Papers, Morse V. Frederick, Prior Restraint
18 Oct 2016
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Gitlow s. ny - incorporated the 1st amendment. ~no rights are absolute can"t yell fire in a crowded room. Average person applying contemporary community standards (finds that) the dominant theme taken as a whole appeals to the prurient interests . Miller test (= +roth test) - obscene if . The avg person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest (roth test) The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law. The work, taken as a whole, lacks serious literary, artistic, political or scientific value. Obscenity is not protected by the 1st amendment & must be regulated. >the constitution is not to protect you from being offended but from being coerced (forced to do something) Free speech symbolic & political speech. Morse vs. fredrick - aka bong hits 4 jesus. Advocacy for legal drug is not protected speech.
