Thursday, September 26, 2019

Comm Law Blog


This is a blog on Comm Law!



Example of One Point in a Summary Outline:

The Fighting Words Doctrine

The US Supreme Court permits restrictions on “fighting words” which are words that incite violence or lawlessness or inflict injury. In Chaplinksy v New Hampshire, the Court affirmed a criminal conviction for a man saying to a police officer "You are a God-damned racketeer" and "a damned Fascist." Since then, the Court has narrowed the concept, making it clear that

1) the speech must be directed at an individual Cohen v California

2) that it must be imminent violence or lawlessness Brandenberg v Ohio

3) that words directed at a police officer are unlikely to be fighting words Gooding v Wilson (altering Chaplinsky)

4) that the statute must not restrict protected speech beyond fighting words Gooding v Wilson and Lewis v City of New Orleans (also altering Chaplinsky)

5) “inflict injury” has been all but abandoned as part of fighting words Snyder v Phelps

Interesting fact: Prompting Chaplinsky’s outburst—he was physically attacked by a crowd for promoting Jehovah’s Witness teachings and the police arrested him rather than any of the people in the crowd that attacked him. Notice the use of the word "cult" to describe his religion in a paper that was actually sympathetic toward him. His tirade against the police officer seems quite provoked.