1st AMENDMENT PROJECT

DARREN DIAMOND PER 7/8

1ST AMENDMENT RIGHTS

• FREEDOM OF SPEECH• Joseph Burstyn, Inc. v. Wilson (1952) • Central Hudson Gas & Elec. Corp. v. Public

Service Comm'n (1980) • Chaplinsky v. New Hampshire (1942)

Chaplinsky v. New Hampshire (1942)

• the Public Law of New Hampshire which forbids under penalty that any person shall address "any offensive, derisive or annoying word to any other person who is lawfully in any street or other public place," or "call him by any offensive or derisive name," was construed by the Supreme Court of the State, in this case and before this case arose, as limited to the use in a public place of words directly tending to cause a breach of the peace by provoking the person addressed to acts of violence.

Central Hudson Gas & Elec. Corp. v. Public Service Comm'n (1980)

• nevertheless the First Amendment protects commercial speech from unwarranted governmental regulation.

JOSEPH BURSTYN,INC. VS. WILSON

Provisions of the New York Education Law which forbid the commercial showing of any motion picture film without a license and authorize denial of a license on a censor's conclusion that a film is "sacrilegious," held void as a prior restraint on freedom of speech and of the press under the First Amendment, made applicable to the states by the Fourteenth Amendment.