Title

A Taste of Justice: 1st Amend. (11) More? Categories of Unprotected Speech? with Prof. Kupenda

Streaming Media

Document Type

Video

Publication Date

2-1-2021

Abstract

This presentation questions whether additional types of speech should be added to the list of unprotected categories of speech. Remember, generally, government may not regulate the Content of Pure Speech UNLESS government meets the most exacting level of scrutiny or IF the speech is in an UNPROTECTED category (which government generally may regulate with a low-level rational basis). The categories of unprotected speech discussed on earlier presentations are: Speech that Advocates Illegal Action, Defamation, Obscenity, and Fighting Words. This presentation will discuss cases where the Court considered whether additional categories should be added to the list of unprotected categories of speech, including speech that: includes depictions of child pornography that may not meet the legal test of obscenity; includes pornographic depictions of women that subjugates women; depicts animal cruelty, including crush videos; lies about military valor; is violent video games sold to minors; includes pornographic depictions made to look like children but are not actual children. As you will see, the Court has been hesitant to add additional categories of speech to the unprotected categories. This YouTube Channel is designed to provide my students supplemental instruction, as I teach them remotely. I want them to "take a soak" in the law and not a quick shower. This Channel is also designed to provide learning to the broader community. Learning can lead to enlightenment, and enlightenment to justice...or, at least, to a taste of justice.

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