Word: nonspeech
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Dates: during 1960-1969
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...fervent is Black's present belief in the "firstness" of the First Amendment, "the heart of our Government," that he says absolute freedom of speech even permits the publication of pornography, no matter how "hard-core." If obscenity is now considered a special kind of nonspeech for which people can be arrested, what is to prevent some demagogue from calling his critics "obscene" and arresting them? That, says Black, citing his well-thumbed Tacitus, is just what happened in Rome under Caesar Augustus. Moreover, the Supreme Court's current obscenity doctrine forces it to read every allegedly hard...
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