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Title:

First Amendment

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Wrote liner notes for John Coltrane and Bob Dylan ... Bork: The First Amendment was meant to protect political speech, not indecency and violence ... – PowerPoint PPT presentation

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Title: First Amendment


1
First Amendment
  • Are you an absolutistor a relativist?

2
Nat Hentoff Absolutist
  • Northeastern graduate
  • Wrote liner notes for John Coltrane and Bob Dylan
  • First Amendment views formed by getting kicked
    off the News

3
Robert Bork Relativist
  • Served Richard Nixon
  • Failed Supreme Court nominee
  • Blames liberal judges for protecting vulgarity
    and obscenity

4
Understandingmake no law
  • Hentoff Any restriction on speech, even libel
    law, violates the First Amendment
  • Bork The First Amendment was meant to protect
    political speech, not indecency and violence

5
Hentoff on obscenity
  • Founders were unconcerned
  • Supreme Court didnt mention until 1957
  • Brennan, in Roth, introduced social value

6
Lenny Bruce
  • A satirist with a dirty mouth
  • How do you define social value?
  • Won on appeal, but it was too late

7
Bork on obscenity
  • Criticizes Snoop Dogg, Nine Inch Nails
  • Driven by aesthetic as well as legal judgments
  • Hentoff may be wrong Chaplinsky,Near v.
    Minnesota

8
Hentoff versus Bork
  • Protection of political ideas versus threat of
    censorship
  • A loophole for censors versus a loophole for
    pornographers
  • Minority rights versus majority rule
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