Question of the Day

Freedom of Speech

Under the latest Supreme Court rulings, which of the following type of speech is NOT covered by the First Amendment?

Correct Answer

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In the 1992 case of R.A.V. v. City of St. Paul, the Supreme Court ruled that a law banning cross burning and Nazi swastikas violated the right to free speech, as long as these actions weren't accompanied by "threats of violence." In 1969 and 1972, the Supreme Court ruled that students don't "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate" and "the vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools." In the 1969 case of Brandenburg v. Ohio, the Supreme Court unanimously declared that "the constitutional guarantees of free speech and free press" don't cover "advocacy" that is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action." Likewise, the Supreme Court has repeatedly ruled that threats of violence and intimidation aren't covered by the First Amendment.




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