Archived posting to the Leica Users Group, 1999/01/11

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Subject: Re: [Leica] Freedom of speech and political correctness (offtopic)
From: ray tai <razerx@netvigator.com>
Date: Mon, 11 Jan 1999 20:08:56 +0800

Just following this thread for two days got me two points on my MCLE (the
lawyers will get this one!)  This whole discussion reminds of my law school
ex-girlfriend's justification for saying something stupid - that the First
Amendment allows her to say it.  (How she graduated I don't know).

Marc James Small wrote:

> At 09:19 AM 1999-01-10 -0800, Bryan Caldwell wrote:
> >
> >There are many other areas which receive lesser
> >First Amendment protection or no protection at all. For instance, commercial
> >speech (that which proposes a commercial transaction) has been afforded a
> >lesser degree of First Amendment protection by the U.S. Supreme Court than,
> >say, political or religious speech. Obscenity receives a lesser protection
> >as does child pornography. Then, of course, there are the matters of slander
> >and libel - where First Amendment protections have wide application, but are
> >not absolute.
> >
> >The generally accepted test for regulating speech which inspires lawless or
> >dangerous activity is that the speech must (1) be directed to inciting or
> >producing imminent lawless action; and (2) it is likely to incite or produce
> >such action.
> >
> >And remember, even protected speech can often be subject to reasonable time,
> >place and manner restrictions.
> >