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To: robertpaulsen
"It is no longer open to doubt that the liberty of the press and of speech is within the liberty safeguarded by the due process clause of the 14th Amendment from invasion by state action."

That makes my point even better.

1. USSC said that yelling "fire" is not protected by First Amendment.

2. Then USSC incorporates the First Amendment. Now that ruling applies to all the States.

3. And what is the result? It's still left up to the States to decide what to do about yelling "fire".

Justice Holmes: The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.

207 posted on 05/02/2005 7:48:04 PM PDT by Ken H
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To: Ken H
"And what is the result? It's still left up to the States to decide what to do about yelling "fire"."

So you're saying that the state could allow a person to yell fire? I don't think so.

And likewise for CC. If incorporated, the USSC defines what is protected, not the states. That's the disadvantage of the incorporation of any amendment.

208 posted on 05/03/2005 4:16:47 AM PDT by robertpaulsen
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