Word: free-speech
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...presenting its case to the all-male jury, the prosecution charged that the five conspired "to unlawfully, knowingly and willfully counsel, aid and abet" young Americans in evading the draft. Lawyers for the defense answered the charges with the argument that the free-speech guarantee of the First Amendment shielded their clients from prosecution...
...issue, however, was not simply whether Fact had been full of fiction. Senator Goldwater was then a particularly public figure, and the Supreme Court has made it extremely difficult for such persons to win a libel suit. To avoid stifling the free-speech right to criticize government leaders, the court since 1964 has required proof that the alleged libeler had "malice" or "reckless disregard" for the truth. Just two weeks ago, the test became stiffer still. Beyond "reckless disregard," the court added the necessity of proving that the libeler "entertained serious doubt" about the truth of his accusation...
Black reiterated his oft-expressed opinion that the free-speech guarantee includes every sort of speech, no matter how obscene. "All I am doing," he said, "is following what to me is the clear wording of the First Amendment that 'Congress shall make no law . . . abridging the freedom of speech or of the press.' As I have said innumerable times before, I simply believe that 'no law' means no law. I think the Supreme Court is about the most inappropriate supreme board of censors that could be found. The plain language of the Constitution recognizes that...
Many lawyers saw the case as a chance for the court to tell more about how far agitators can go in potential riot situations before the First Amendment free-speech guarantee fades into the shouting-fire-in-a-crowded-theater category. But the court ducked the chance, choosing instead to dismiss Epton's appeal in an unsigned order. The order might be interpreted as meaning that such haranguing can very easily become criminal and that the Rap Browns can be prosecuted without constitutional objection. But it might not. For in cases involving concurrent sentences, the court has traditionally allowed...
...same ground. An ordinance requiring permits for parades was found to contain no standards to guide the licensing authorities. A state law against criminal syndicalism included a ban on counseling an unlawful method to accomplish a political end; this, said the court, violated the First Amendment's free-speech guarantee. And since the state conspiracy law could be read to outlaw "such functions as peaceable assembly," it too was declared unconstitutional...