Title

A Taste of Justice: 1st Amend. (10) Fighting Words as Unprotected Speech? with Prof. Kupenda

Streaming Media

Document Type

Video

Publication Date

2-1-2021

Abstract

This presentation explains another unprotected category of speech, FIGHTING WORDS. 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, and Obscenity. This presentation will discuss “Fighting Words.” The presentation will discuss the major case where the test was established and other cases applying the test. The presentation also includes a brief review of unprotected categories, by considering a well known case about a man protesting the mandatory draft by wearing a jacket in a courtroom with the jacket containing a four letter vulgarity directed at the draft. 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.

Streamed content available below.

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