Congress Shall Make No Law: The First Amendment, Unprotected Expression, and the U.S. Supreme Court
The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech, or of the press. . . . ' Yet, in the following two hundred years, Congress and the states have sought repeatedly to curb these freedoms. The Supreme Court of the United States in turn gradually expanded First Amendment protection for freedom of expression but also defined certain categories of expression_obscenity, defamation, commercial speech , and 'fighting words' or disruptive expression-as constitutionally unprotected. From the Alien and Sedition Act of 1798 to the most recent cases to come before the Supreme Court, noted legal scholar David M. O'Brien provides the first comprehensive examination of these exceptions to the absolute command of the First Amendment, providing a history of each category of unprotected speech and putting into bold relief the larger questions of what kinds of expression should (and should not) receive First Amendment protection. O'Brien provides readers interested in civil liberties, constitutional history and law, and the U. S. Supreme Court a treasure trove of information and ideas about how to think about the First Amendment.
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2 Obscenity Pornography and Indecent Expression
3 Defamation and Related Harms
4 Commercial Speech
5 Fighting Words Provocative and Disruptive Expression
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44 Liquormart adult advertising Amendment challenge Amendment claims Amendment freedoms Amendment protection American Civil Liberties American ﬂag appeal Ashcroft Beauharnais Broadcasting California category of unprotected Central Hudson Chaplinsky chapter Chief Justice Rehnquist child pornography City Civil Liberties Union clear and present commercial speech community standards concurring Congress constitutional constitutionally context conviction Court rules court’s decision cross burning deﬁned deﬁnitional discussed dissenting Justice FCC’s Federal Communications Commission ﬁghting words ﬁlm ﬁrst ﬁve Free Speech Coalition freedom of expression freedom of speech Gertz governmental harms held indecent and offensive interest Internet Justice Black Justice Brennan Justice Scalia Justice Stevens libel majority material O’Brien obscene offensive expression opinion ordinance Paris Adult Theatre Posadas present danger test prior restraint prohibiting public ﬁgures public ofﬁcials regulation restrictions School District Smith Act speech and press state’s statute student expression Sullivan Supreme Court upholds tion United unprotected speech upheld violation Virginia York