Saturday, April 22, 2006

Advocating Subversion

Having just review'd the development of first amendment jurisprudence from pre-WWI to the 1969 Brandenburg decision, I have two observations and a quote from the popular band Elf Power.
  • 1 - Early in our speech press class, we did a lot of mixing of history with the development of subversive advocacy doctrine.
  • 2 - Which conflation makes it hard to study - I mean, Gobitis is a compelled speech case, but should I put it in my first-coupla-weeks-subversive-advocacy mental box because it demonstrates the court becoming more speech protective in the aftermath of Carolene Products and as World War II shows us that sometimes it's better not to take a dump on people with minority religious affiliations?
  • EP - In "All Your Experiments," the singer address the aliens abducting him and says, "You can do all your experiments if you promise not to bring me back."

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