Quote:
kvining - 12/29/2005 4:23 PM
The "limits" to the First Amendment are very, very few my friend...
... some 70 years of case law has occurred since your quote of Mr. Holmes, whose reasoning has been for the most part shredded. For years porn was banned on the reasoning it caused rape, using Holmes reasoning. Subsequent courts have found that "The Holmes Test" invalid, since it is subjective in the extreme, and makes no sense.
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Good attempt, bad result. In the field of debate, it takes more than opinion to win a point of argument. What support have you offered here? If you research, you will find "clear and present" is still valid.
I invite you to navigate to caselaw.lp.findlaw.com and research further... Annotations as to freedoms of speech are there, along with some further information as tothe roll of government as an educator and limits of free speech thereof... Too much to copy/paste here...
And you are correct, Mason is a VA commonwealth institution, which means anyone on its campus must submit to the authority present, or petition otherwise...
This has been fun! Nothing like reading pages of law annotations to pass the day!