Essay heading: Freedom Of Speech

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March 19, 2003






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While indecent material might be frowned upon it is constitutionally protected, as where obscene material (also classified as having no social value) is not. This distinction was first made in the early 1940s in the Chaplinsky case. Chaplinsky was a Jehovah' s Witness, and one day while doing some face-to-face confrontations as part of his religious practices, an angry crowd formed...
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When an officer stepped in to break it up, Chaplinsky called him a "God-dammed racketeer" and a "dammed fascist". After a conviction in a lower court for offensive speech, and an affirming decision by the Supreme Court, the fighting words doctrine was born. It is worth noting that the fighting words doctrine has not been extended to written works...
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