Show Notes - Ultimate Constitutional Law Guide To Unprotected Speech

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Watch Episode #57 - Ultimate Constitutional Law Guide To Unprotected Speech

Full Transcript

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Description

Today On Legalese we are going to be discussing the 7 categories of speech that are not protected under the first amendment:

• Incitement

• True Threats

• Fighting Words

• Defamation

• Obscenity

• Fraud and Perjury

• Speech Integral To Criminal Conduct

This episode was created to be the ultimate guide to unprotected speech within our modern legal framework according to the First Amendment's protections of speech, expression and conduct.

There are a great deal of misconceptions and misinterpretations of what classes or categories of speech fall outside the bounds of first amendment protection. In order to minimize, if not wholly eliminate the common causes of such misunderstandings and misinterpretations, I have done my best to excise any discussion that relies on contested claims or personal opinions, including my own.

We look specifically and comprehensively at those categories of unprotected speech in constitutional law which the courts have concluded to be well-established exceptions. We look at the landmark cases that have established these categories and derive definitions, principles, doctrines and legal tests through a textual analysis of the controlling opinions of the court to provide everyone the information they would need to successfully defend their individual rights of free speech, expression and conduct within our existing legal and constitutional framework.

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Links

Incitement

• Brandenburg v. Ohio, 395 U.S. 444 (1969)

True Threats

• Virginia v. Black, 538 U.S. 343 (2003)

• Watts v. United States, 394 U.S. 705 (1969)

Fighting Words

• The Fighting Words Doctrine

• Chaplinsky v. New Hampshire, 315 U.S. 568 (1942)

GIBSON

• State v. Gibson, 2023-Ohio-2202

• State v Gibson Docket

• Rule 29 - Motion for Acquittal, Ohio Crim. R. 29

• Court Finds Calling Male Neighbor a “Redheaded Bitch” Does Not Constitute Fighting Words - Volokh Conspiracy

FABICH

• Columbus v. Fabich, 2020-Ohio-7011

• Columbus v. Fabich, 166 NE 3d 101 (2020)

• Columbus v Fabich

• Can Fighting Words Charge Lead To Higher Sentence Because Racial Motivations? - Volokh Conspiracy

Obscenity

• Miller v. California, 413 U.S. 15 (1973)

Defamation

• United States v. Alvarez, 567 U.S. 709 (2012)

• New York Times v Sullivan, 376 U.S. 254 (1964)

• Gertz v Robert Welt Inc., 418 U.S. 323 (1974)

Fraud and Perjury

• 26 U.S. Code § 7206 - Fraud and false statements

• 18 U.S. Code § 1621 - Perjury generally

• 18 U.S. Code §1622. Subornation of perjury

• Kungys v. United States, 485 U.S. 759 (1988)

• People v. Williams, No. 34300, 106 Cal. 3d 15 (1980)

Speech Integral To Criminal Conduct

• Giboney v. Empire Storage & Ice Co. (1949)

“Hate Speech”

• Cohen v. California, 403 U.S. 15 (1971)

• Snyder v. Phelps, 562 U.S. 443 (2011)

• Texas v. Johnson, 491 U.S. 397 (1989)

• United States v. Eichman, 496 U.S. 310 (1990)

• Terminiello v. Chicago, 337 U.S. 1 (1949)

Harassment

• Davis v. Monroe County Bd. of Ed., 526 U.S. 629 (1999)

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Past Episodes

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