Feiner v. New York: The Precedents

Here is a list of precedents for the Feiner vs. New York case:

-Schenck v. U.S. (1919): the Supreme Court recognized limits on speech, explaining that the clear and present danger test balanced the individual's right to speech the extent to which that speech might produce evils that Congress has a right to prevent.

-Chaplinsky v. New Hampshire (1942): the Supreme Court ruled that free speech is not absolute at all times and under all circumstances. There are certain well-defined and narrowly limited classes of speech which are not protected. These include the insulting or "fighting" words-those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.

-Terminiello v. Chicago (1949): the Supreme Court ruled that freedom of speech, though not absolute, is nevertheless protected against censorship or punishment, unless shown likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance or unrest.



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