» The government must never censor an opinion.
» The truth emerges from discussion and experience.
» All truths should be questioned.
» Truth is not finite.

» Economic freedom leads to political freedom, not the converse.
» Economic freedom isn't enough on it's own.
» He doesn't care about wrong ideas like Mill; they're inconsequencial.

(1968) pp. 253-59, 65-70

F: O'Brien burns draft card in front of gov't building.

I: Is this protected by 1st? Is this symbolic speech?

H: No.

R: His viewpoint was not greater than the gov't interest.

Ru: Here is the test.

1. Is the subject of regulation in the gov't's power.
2. Does it further an implicit or substantial government interest.
3. The gov't issue must be unrelated to the suppression of free expression.
4. Incidental restraints on 1st are no greater than needed.

(1925) pp. 52-70

F: Gitlow distributed a left-wing socialist manifesto depicting a violent overthrow of the government.

I: Do Gitlow's actions advocate gov't overthrow and dismiss his 14th amdmt. rights?

H: yes.

R: His speech did advocate an overthrow and it was deemed likely enough.

Ru: If speech advocates disruption of gov't action and is likely to occur, then it can be censored.

Dissent by Brandeis: Likelihood must be more strict. Many things can blur the line between incitement and opinion.

» Only a few control the system.
» There is a rising inequality.
» 1st should allow the avg. person to communicate in govt.
» The Supreme Court is going backward, incorrectly drawing the protected speech line.
» He's an egalitarian

» 1st must be a compromise.
» Would you support the 1st for people who want to take away yr rights?
» Sometimes bad ideas win out and we must stop that.