st
1
AMENDMENT PROJECT
DARREN DIAMOND PER 7/8
1ST AMENDMENT RIGHTS
• FREEDOM OF SPEECH
• Joseph Burstyn, Inc. v. Wilson (1952)
• Central Hudson Gas & Elec. Corp. v. Public
Service Comm'n (1980)
• Chaplinsky v. New Hampshire (1942)
Chaplinsky v. New Hampshire (1942)
• the Public Law of New Hampshire which forbids
under penalty that any person shall address "any
offensive, derisive or annoying word to any other
person who is lawfully in any street or other
public place," or "call him by any offensive or
derisive name," was construed by the Supreme
Court of the State, in this case and before this
case arose, as limited to the use in a public place
of words directly tending to cause a breach of the
peace by provoking the person addressed to acts
of violence.
Central Hudson Gas & Elec. Corp. v.
Public Service Comm'n (1980)
• nevertheless the First Amendment protects
commercial speech from unwarranted
governmental regulation.
JOSEPH BURSTYN,INC. VS. WILSON
Provisions of the New York Education Law which
forbid the commercial showing of any motion
picture film without a license and authorize
denial of a license on a censor's conclusion
that a film is "sacrilegious," held void as a
prior restraint on freedom of speech and of
the press under the First Amendment, made
applicable to the states by the Fourteenth
Amendment.