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Reply #14: actually it is, according to most SCOTUS theories/actions [View All]

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hfojvt Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-08-10 09:49 AM
Response to Reply #3
14. actually it is, according to most SCOTUS theories/actions
"Notwithstanding the specific guarantee of the First Amendment and, by implication that of the Fourteenth, the quintet of rights enumerated in its language are not regarded as absolute, despite Justice Hugo Black's ardent advocacy of such an approach. Accordingly, a 'balancing' between individual and societal rights seems a logical compromise between those who would brook no government regulation of First Amendment rights, whatsoever, and those who readily support stern, sometimes draconian measures on the grounds of national security or law and order. In general, the judicial branch has endeavored to draw a viable line between protected constitutional righs and permissable government regulation." The Oxford Companion to the Supreme Court of the United States, 2nd edition p. 347 "first amendment balancing"
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