Parties: Bigelow v. Virginia
Date: 1975-06-16
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Paragraph: 44 - The policy of the First Amendment favors dissemination of information and opinion, and '(t)he guarantees of freedom of speech and press were not designed to prevent 'the censorship of the press merely, but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential . . .'
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Phrase match: of freedom of speech and press
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Paragraph: 32 - The advertisement published in appellant's newspaper did more than simply propose a commercial transaction. It contained factual material of clear 'public interest.' Portions of its message, most prominently the lines, 'Abortions are now legal in New York. There are no residency requirements,' involve the exercise of the freedom of communicating information and disseminating opinion.
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Phrase match: the freedom of communicating information and
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Paragraph: 37 - To the extent that commercial activity is subject to regulation, the relationship of speech to that activity may be one factor, among others, to be considered in weighing the First Amendment interest against the governmental interest alleged. Advertising is not thereby stripped of all First Amendment protection. The relationship of speech to the marketplace of products or of services does not make it valueless in the marketplace of ideas.
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Phrase match: relationship of speech to that activity
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Paragraph: 44 - The policy of the First Amendment favors dissemination of information and opinion, and '(t)he guarantees of freedom of speech and press were not designed to prevent 'the censorship of the press merely, but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential . . .'
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Phrase match: to prevent 'the censorship of the press
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Paragraph: 22 - Although other categories of speech—such as fighting words, Chaplinsky v. New Hampshire, 315 U.S. 568, 572, 62 S.Ct. 766, 769, 86 L.Ed. 1031 (1942), or obscenity, Roth v. United States, 354 U.S. 476, 481—485, 77 S.Ct. 1304, 1306—1309, 1 L.Ed.2d 1498 (1957), Miller v. California, 413 U.S. 15, 23, 93 S.Ct. 2607, 2614, 37 L.Ed.2d 419 (1973), or libel, Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S.Ct. 2997, 41 L.Ed.2d 789 (1974), or incitement, Brandenburg v. Ohio, 395 U.S. 444, 89 S.Ct. 1827, 23 L.Ed.2d 430 (1969)—have been held unprotected, no contention has been made that the particular speech embraced in the advertisement in question is within any of these categories.
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