Free Speech

Paragraph: 62 - As I noted in Simon & Schuster, there is a narrow area in which the First Amendment permits freedom of expression to yield to the extent necessary for the accommodation of another constitutional right.

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Preferred Terms:

• (is) expression accomodating other constitutional rights

Phrase match: permits freedom of expression to yield

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Paragraph: 69 - The speech and conduct prohibited in the campaign-free zone created by Tenn.Code Ann. § 2-7-111 (Supp.1991) is classic political expression. As this Court has long recognized, "[d]iscussion of public issues and debate on the qualifications of candidates are integral to the operation of the system of government established by our Constitution. The First Amendment affords the broadest protection to such political expression in order 'to assure [the] unfettered interchange of ideas for the bringing about of political and social changes desired by the people.' " Buckley v. Valeo, 424 U.S. 1, 14, 96 S.Ct. 612, 632, 46 L.Ed.2d 659 (1976) (citation omitted). Therefore, I fully agree with the plurality that Tennessee must show that its " 'regulation is necessary to serve a compelling state interest and that it is narrowly drawn to achieve that end.' " Ante, at 198 (citations omitted). I do not agree, however, that Tennessee has made anything approaching such a showing.

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• (is) advocacy near polling places
• (is) political expression

Phrase match: The speech and conduct prohibited

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Paragraph: 73 - The fact that campaign-free zones cover such a large area in some States unmistakably identifies censorship of election-day campaigning as an animating force behind these restrictions.

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• (is not) Campaign Free Zones
• (is) Primacy of Political Speech

Phrase match: States unmistakably identifies censorship of election-day

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Paragraph: 93 - To the contrary, we recognized that it is precisely on election day that advocacy and campaigning N74* "can be most effective." Mills, 384 U.S., at 219, 86 S.Ct., at 1437. Mills stands for the simple proposition that, tradition notwithstanding, the State does not have a legitimate interest in insulating voters from election-day campaigning.

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• N74* / quote / endorsement / Q0334 /

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• (is) election-day campaigning
• (why is) Primacy of Political Speech

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