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Week 7 Notes

by: Nicole Dombey

Week 7 Notes COM250

Nicole Dombey
Freedom of Expression
Samuel Terilli

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About this Document

Typed notes for COM250! Everything you need to know for the test will be there!
Freedom of Expression
Samuel Terilli
Class Notes
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This 3 page Class Notes was uploaded by Nicole Dombey on Wednesday October 7, 2015. The Class Notes belongs to COM250 at University of Miami taught by Samuel Terilli in Summer 2015. Since its upload, it has received 125 views. For similar materials see Freedom of Expression in Communication Studies at University of Miami.


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Date Created: 10/07/15
EXAM 2 NOTES COM250 October 6 2015 Fighting Words and Hate Speech Fighting Words and the Categorical Exceptions Doctrine Can words or speech provoke violence a ght Particular words 0 Childhoodplayground examples v Adults Are there words that are so dangerous and so incendiary that by the use of the words you are provoking violence Words are so hurtful that they in ict injury l have to able by law to prohibit those words In a bar saying it to his face it is one context if you are in the background sitting with someone talking about then it is another setting Want to look at surrounding facts context where and how you use it Should these words be identi ed and prohibited 0 Could you make a list 0 Key facts what happened leading to his arrest Who was he Who was he Chaplinsky was a Jehovah Witness city of Rochester NH Minority group controversial often people didn t like them What he did He began yelling at a guy who was the commissioner of police for the town calling his fascist and Racketeer He got charged to disturbing the peace gets convicted and the case goes to the Supreme Court Result Court affirmed upheld the conviction they DID NOT reverse it Unanimously o What was the result of the SCT decision 0 What was the SCT s reasoning What law or principles announced Courts Reasoning SCT S LOGIC IN CHAPLINSKY First understand it Second Analyze It Two SCT Premises 0 1st Amendment grounded in search for truth Fighting words have little or no value in debate are not ideas 0 Governments interest in preventing order preventing breaches of the peace ie ghts Use of the words in icts injurytends to incite an immediate breach of peace Courts point is that these point by there very use tend to incite violence but there is no value in those words have to allow government to prohibit them Prosecute them for there very use They re NOT looking at the context 0 Similar categories according to the court quotThe lewd and obscene the profane the libelous and the insulting or 39fighting words quot what the court says that didn t really need to say just being helpful Court has essentially created what become known as the Analvsis of Reasoning Do these premises make sense to you 0 Are the categories narrow Identi able Coherent Same for all 0 Facts of this case Was injury in icted Did he really in ict injury upon commission of police Nothing in the record that suggests that Contextualization and Narrowing of FW Doctrine Methods FactsResultReasons 0 Function of FS invite dispute even stir people to anger often provocative and challenging unless CPD quotthat rises far above public inconvenience annoyance or unrestquot He began insulting and saying horrible speeches and then began throwing ice picks Supreme Court reverses conviction They said they value the speech and the context They then say unless there is truly a clear and present danger that it will lead to evil has to go over and above and actually lead to violence A few years later they pick up on points and say that they have to begin looking at the context he was speaking to his followers and it is the crowd outside that was out of control answer is not to throw him in jail its to prosecute the crowd 0 He was in courtroom wearing a jacket that says quotFUCK THE DRAFT Controversial language at the time He gets arrested children and women might say it So upsetting that it might provoke violence Contextnot a direct insult one person s vulgarity is another s lyric Emotive as well as Cognitive Content of Speech valued by SCT Autonomy of Individual fear of gov t abuses


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