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L. COMPELLING STATE INTEREST REQUIRED, YET NONE STATED.
Liberty of expression guaranteed by this amendment can be abridged by
state officials if their protections of legitimate state interests
necessitates an invasion of free speech.
Burnside v. Byars, C.A. Miss. 1966, 363 F 2d 744
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Where the is a significant encroachment upon personal liberty, the state
may prevail only upon showing a subordinating interest which is compelling.
Bates v. Little Rock, 361 US 516, 80 S Ct 412, 4 L Ed 2d 480
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The power of a state to abridge freedom of speech is the exception rather
than the rule; and any limitation upon individual liberty must, to avoid
unconstitutionality, have appropriate relation to the safety of the state.
Herndon v. Lowry, 301 US 242, 57 S Ct 732, 81 L.Ed 1066
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M. ORDER FOR MONITORING AND RESULTING CENSORSHIP LACK ELEMENTS OF LAWFUL
REGULATION.
To restrict pure speech conduct, the state must show that: (1) a clear
and present danger is presented to society by the speech; (2) the
individual's interest in allowing the pure speech conduct is insufficient
when balanced against the danger presented to society by allowing the
conduct; and (3) the government used the narrowest restriction on pure
speech consistent with the governmental interest involved.
Kucinich v. Forbes, D.C. Ohio 1977, 432 F Supp 1101
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Since only consideration of the greatest urgency can justify restrictions
on speech, and since the validity of a restraint on speech in each case
depends on careful analysis of the particular circumstances, the procedures
by which the facts of the case are adjudicated are of special importance
and the validity of the restraint may turn on the safeguards which they
afford.
Speise v. Randall, 357 US 513, 78 S Ct 1332, 2 L.Ed 1460
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N. FACIAL INVALIDITY OF ORDER.
An injunction which, like a criminal statute, prohibits conduct under fear
of punishment, must be looked at in the same way that a court looks at a
statute, and if upon its face it abridges rights guaranteed by the First
Amendment, it should be stricken down.
United Transp. Union v. State Bar of Michigan, 401 US 576, 91 S Ct 1076,
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28 L.Ed 2d 339
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In reviewing the terms of an injunction, the United States Supreme Court
cannot assume that in its subsequent enforcement, ambiguities will be
resolved in favor of adequate protection of First Amendment rights.
United Transp. Union v. State Bar of Michigan, 401 US 576, 91 S Ct 1076,
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28 L.Ed 2d 339
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O. ORDER FAILS REQUIREMENT THAT REGULATION BE NARROWLY DRAWN
Where at all possible, government must curtail speech only to the degree
necessary to meet the particular problem at hand, and must avoid infringing
on speech that does not pose the danger that has prompted regulation.
Federal Election Com. v. Massachusetts Citizens for Life, Inc., 479 US 238,
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107 S Ct 616, 93 L.Ed 2d 539
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Under the free speech guaranty of the Federal Constitution's First
Amendment, the government cannot dictate the content of speech absent
compelling necessity, and then, only by means precisely tailored; broad
prophylactic rules in the area of free expression are suspect; precision
of regulation must be the touchstone in an area so closely touching the
nation's most precious freedoms.
Riley v. National Federation of Blind, Inc. 487 US 781, 108 S Ct 2667,
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101 L.Ed 2d 669
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Because First Amendment freedoms need breathing space to survive,
government may regulate in the area only with narrow specificity.
Gooding v. Wilson, 405 US 518, 92 S Ct 1103
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P. GOVERNMENT APPOINTEES CAN HAVE NO VALID CENSORSHIP AUTHORITY
Under the First Amendment, no official high or petty, can prescribe what
shall be orthodox in politics, nationalism, religion, or other matters of
opinion, or force citizens to confess by word or act their faith therein.
Abood v. Detroit Board of Education, 431 US 209, 97 S Ct 1782
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