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- Path: sparky!uunet!cs.utexas.edu!uwm.edu!linac!uchinews!ellis!thf2
- From: thf2@ellis.uchicago.edu (Ted Frank)
- Subject: Re: Shouting "Movie!" at a Fire Station (Schenck v US)
- Message-ID: <1993Jan21.061433.6600@midway.uchicago.edu>
- Sender: news@uchinews.uchicago.edu (News System)
- Reply-To: thf2@midway.uchicago.edu
- Organization: University of Chicago
- References: <1993Jan20.054314.9717@IRO.UMontreal.CA> <1993Jan20.143705.4685@eff.org> <1993Jan21.042939.4516@ucsu.Colorado.EDU>
- Date: Thu, 21 Jan 1993 06:14:33 GMT
- Lines: 25
-
- In article <1993Jan21.042939.4516@ucsu.Colorado.EDU> fcrary@ucsu.Colorado.EDU (Frank Crary) writes:
- >In article <1993Jan20.143705.4685@eff.org> mnemonic@eff.org (Mike Godwin) writes:
- >>Perjury, fraud, disclosure of classified information and false advertising
- >>have never been considered "incitement to imminent lawless action."
- >>They are in other classes of unprotected speech. It is nonsensical to
- >>bring them in to the discussion here.
- >
- >Just out of curiosity, what is the justification for federal laws on
- >these subjects? The Amendment is very specific: "Congress shall
- >make no law..." All of the logic concerning unprotected speach and
- >incitement makes sense to me, in the context of state laws (i.e.
- >in defining and limiting the Fourteenth Amendment) but I don't
- >see the justification for ignoring the direct text of the First
- >Amendment with respect to the federal government.
-
- Because the Constitution says "freedom of speech" rather than "speech."
- It's not quite clear what the Founders meant by "freedom of speech" (all
- accounts indicate that they weren't particularly absolutist about the
- issue, and that it meant at a minimum freedom from prior restraints and
- licensing, but beyond that it's quite controversial), but I don't think
- it's controversial that F/S didn't include, say, bribery.
- --
- ted frank | thf2@ellis.uchicago.edu
- standard disclaimers | void where prohibited
- the university of chicago law school, chicago, illinois 60637
-