In freedom of speech, what are the various doctrines, limitations,qualifications placed by the Supreme court?
The first admendment, frredom of speech, what are the various doctrines, limitations,qualifications placed by the Supreme court upon the exercise of this right. And how does Judge Made Laws apply to the operation Supreme court in it’s attempt to define first admendment rights. There is one basic test given to all rights the Court deems fundamental (Speech happens to be one of those rights). That is the Compelling Interest Test (CIT). Simply put, the government has to prove that is has a very compelling interest in overriding the right of the individual. It must also show that the law or action being challenged is the least restrictive means possible of accomplishing that interest. Now, the CIT is completely made up by the Court. There is nothing about it in the Constitution, just as there is nothing about the Lemon Test or the Lopez test in the Constitution. Nevertheless, this is test usually followed by the Court. This entry was posted on Wednesday, April 14th, 2010 at 2:21 am and is
