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advertising Amendment rights Amish applied argued believe Bill of Rights Branzburg broadcast California capital punishment citizens classification clear and present Communist compelling concurring Congress constitutionally conviction crime criminal decided decision defendant discrimination dissenting doctrine due process effect Eighth Amendment enforcement Equal Protection Equal Protection Clause Establishment Clause expression fact Fairness Doctrine federal Fifth Amendment Fourteenth Amendment Fourth Amendment free exercise free speech freedom of speech governmental guarantee individual interest involved ISKCON issue judge judgment jury JUSTICE BRENNAN Justice Douglas JUSTICE STEWART legislative libel liberty limited ment Negro newspaper NOTES AND QUESTIONS obscenity offensive officials opinion persons petitioner peyote police political present danger prior restraint privilege problem Professor of Law prohibited public forum public schools punishment purpose race racial reason regulation religion religious restriction segregation Simants statute Supreme Court tion trial unconstitutional United University violation