Restricting the "manner" of expressing certain messages

Marty Lederman lederman.marty at gmail.com
Sun Oct 30 08:04:57 PDT 2011


Texas v. Johnson and Eichmann

Sent from my iPhone

On Oct 30, 2011, at 10:15 AM, "Humbach, Prof. John A." <jhumbach at law.pace.edu> wrote:

> Would anyone happen to know offhand any good USSupCt citations for the proposition that government is not allowed to tamp down the emotive impact of messages it does not like by limiting the ways in which they're delivered? An gross example of such "content-discrimination as to manner" would be a prohibition of TV advocacy for (or against) some controvesial issue.
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> I have Cohen v. California, which has language to that effect, and the idea is implied in Brown v. Entertainment Merchants and Winter v. New York, but I'm looking for something that is more direct.
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> Off-list responses are fine, if you prefer.
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> John A. Humbach
> Professor of Law
> Pace University School of Law
> 78 North Broadway
> White Plains, New York 10603
> 914-422-4239
>  
> Personal website: humbach.net
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