POS 2041 Lecture Notes - Lecture 13: Hardcore Pornography, Fourteenth Amendment To The United States Constitution, Prior Restraint
Document Summary
Schenck v. u. s. supreme court draws a line on whats constitutional vs unconstitutional. We establish the clear and present danger test to define the point at which free speech loses the protection of the first amendment that means that the supreme court has to define clear, present and danger. Gitlow v. n. y. first time that supreme court says the constitution is supreme. Freedoms of speech and press are among the fundamental personal rights protected by the 14th amendment from abridgment by the states . There are many types of speech, tonight in the debate we"ll see political speech which is not very regulated, advertisement speech is very regulated. Theory is that politicians can tell lies because it doesn"t have to be regulated since it reflects on them (or well that"s the belief) another type of speech is pornographic speech. Obscenity is not within the area of constitutionally protected speech or press .
