cedatopic
Thursday, June 01, 2006
  First Amendment Topic Area
Joe Patrice is leading a discussion of a possible first amendment area topic.

(Working wording) - The United States Supreme Court should overrule one of more of its decisions that struck down a statute on the grounds that it violated the First Amendment protection of [free] speech.

Your comments?
 
Comments:
first - you will have to make clear that the decision being overruled struck down a statute on the basis of freedom of speech and not that the plan has the court strike down a statute on the basis of free speech.

second - i like this in that it would be difficult to agent CP since the court has already said the statute is unconstitutional

third - do you want to specify that it was a "federal" statute that the Court struck down? Do you want to include state statutes? Local ordinances?
 
Hey Joe,
If that's the case, I would use the term "law" instead of "statute" because you will encounter definitions that exclude local ordinances from "statutes" and you are right that most of the very great cases deal with local ordinances.
LH
 
i think statute and/or ordinance would work best if you are concerned about injunctions (though I doubt a court would characterize an injunction as "a law" instead of as the enforcement mechanism of a law).
 
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