Re: protest nyc's proposed film and photo law

From: Katherin McInnis (email suppressed)
Date: Fri Aug 03 2007 - 18:51:44 PDT


> How is it that someone filming in public is exercising "free speech"
> unless the filmmaker is talking and making a speech while filming?
> Does the First Amendment mention creation or just delivery?

the supreme court has ruled that symbolic expression of ideas - such
as flag-burning or Hustler - counts as free speech. There is no
creation/delivery distinction.

The limits on free speech are inciting violence, "obscenity", etc.
The government (state, local, etc.) has to show a legitimate reason
that outweighs the 1st amendment right - this is where parade permits
come in (traffic mayhem, noise, etc.)

Katherin McInnis

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