LEGALST 39D Chapter Notes - Chapter 8: Westboro Baptist Church, Antonin Scalia, Lenny Bruce
31 Oct 2016
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Holmes change of heart: clear and imminent danger direct and immediate. Lenny bruce arrested and convicted of obscenity. Many banned books turned out to be important classics. Brandenburg v. ohio: kkk march, arrested under the ohio criminal connection between an act and speech. Syndicalism: act is unconstitutional because it fails the clear and imminent test, douglas concurs but inserts a caveat: speech brigaded with action can be regulated, otherwise it cannot on appeal. Hoffman arrested and convicted of intent to incite a riot, verdict overturned violation of law that no person shall address any offensive, derisive or annoying word to others. Nazi went to skokie: injunction initially to halt the rally, aclu defended the neo nazi group. Jewish mitilant rabbi urged crowd to kill nazis. Ordinance was overboard and content based, facially invalid under the first amendment. Assumes that the ordinance prohibits expression under the fighting words doctrine, it is unconstitutional because it.
