Free Speech

Case - 494 U.S. 872

Parties: Employment Div. v. Smith

Date: 1990-04-17

Identifiers:

Opinions:

Segment Sets:

Paragraph: 15 - Some of our cases prohibiting compelled expression, decided exclusively upon free speech grounds, have also involved freedom of religion, cf.

Notes:

Preferred Terms:

  • (is) freedom from compelled expression

Phrase match: involved freedom of religion, cf

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1990s/19900417.494.US.872.xml&keyword1=freedom of&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 51 - "The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."

Notes:

Preferred Terms:

  • (why is) assembly
  • (why is) press
  • (why is) speech

Phrase match: press, freedom of worship and assembly

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1990s/19900417.494.US.872.xml&keyword1=freedom of&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 20 - The "compelling government interest" requirement seems benign, because it is familiar from other fields. But using it as the standard that must be met before the government may accord different treatment on the basis of race, see, e.g., Palmore v. Sidoti, 466 U.S. 429, 432, 104 S.Ct. 1879, 1881-82, 80 L.Ed.2d 421 (1984), or before the government may regulate the content of speech, see, e.g., Sable Communications of California v. FCC, 492 U.S. 115, 126, 109 S.Ct. 2829, 2836, 106 L.Ed.2d 93 (1989), is not remotely comparable to using it for the purpose asserted here. What it produces in those other fields—equality of treatment and an unrestricted flow of contending speech—are constitutional norms; what it would produce here—a private right to ignore generally applicable laws—is a constitutional anomaly.

Notes:

Preferred Terms:

  • (is) flow of contending speech

Phrase match: private right to ignore generally applicable

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1990s/19900417.494.US.872.xml&keyword1=right to&wordsBefore=1&wordsAfter=3#m1

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