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Congress Shall Make No Law: The First Amendment, Unprotected Expression, and the U.S. Supreme Court

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Congress Shall Make No Law: The First Amendment, Unprotected Expression, and the U.S. Supreme Court - O'Brien, David M, Professor
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The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech, or of the press. . . . ' Yet, in the following 200 years, the Supreme Court has defined certain categories of expression-the obscene, the defamatory, commercial, and fighting words or disruptive expression-as constitutionally unprotected. Noted legal scholar David O'Brien provides a history of each category of unprotected speech and puts into bold relief the larger questions of what kinds of expression should (and should not ...

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