It is necessary that the words are fighting words. Fighting words are not an excuse for attacking someone else. b. IFRS allows alternative measurement bases for the right-of-use asset (e.g.. the revaluation model). Freedom of speech includes the right: Not to speak (specifically, the right not to salute the flag). Correct - They may directly incite damaging action. This includes fighting words, "those which by their very utterance inflict injury or tend to incite an immediate breach of the peace" (Chaplinsky v. New Hampshire, 2010). Is defamation a free speech? The Court found that words which produce aclear and present dangerare unprotected (and are considering fighting words), but words which invite dispute and even cause unrest are protected (and are not considered fighting words). The First Amendment protects speech if it falls in one of the narrow categories discussed in the next section. Correct:They may directly incite damaging action. __________________________. Which of the following best describes the Supreme Court's stance on public displays of religious symbols? Unprotected speech can be classified into obscenity, fighting words, fraudulent misrepresentation, advocacy of imminent lawless behavior, and defamation. How are they similar? Hate speech is a type of unprotected speech that refers to speech that attacks or demeans a person or group based . Terms in this set (12) obscenity, defamation, libel, slander, fighting words, and inciting violence. Why did fighting words exception not apply in RAV? Hess 9. west Virginia state board education v. Barnette. It means speech that is completely prohibited subject to governmental regulations. Unprotected speech can be classified into obscenity, fighting words, fraudulent misrepresentation, advocacy of imminent lawless behavior, and defamation. because cross burning was determined to be a true threat- and that is not covered by the first amendment, when individual tells someone they plan to commit violence, whether or not they actually plan to. The Bill of Rights was adopted as part of the Constitution as a concession to which political faction? In general, the Supreme Court has ___ bans on obscenity, except for cases involving _____. Fighting words are just like they sound, in Chaplinsky v. New Hampshire the Court held that words that are personally abusive to an ordinary citizen and that tend to incite an immediate breach of the peace are fighting words and are not protected speech. Research on semistarvation found that men who were given just enough food to stabilize their weight at 25 percent below their starting weight a. became obsessed with physical exercise. Nevertheless, you are provided an attorney by the city. This is, in part, due to the twisted legal path that the doctrine has been down over the last six decades. Choose from 256 different sets of term:la protection = unprotected sex flashcards on Quizlet. What is the most accurate statement about fighting words? Defamation, like many other common-law torts, was not subject to constitutional baselines. How Much Does Litter Cost The Government? What amendment was foundational in giving you this right? The __ Amendment's _________ is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the ____ has to do with Congress prohibiting or interfering with the practice of religion. \begin{array}{rrrr} The grand jury determines if satisfactory evidence is accessible to warrant a trial. Brandenburg v. Ohio, the imminent lawless action test: the government has a right to regulate speech (1) that is INTENDED to incite or produce (2) IMMINENT lawless action and (3) the speech is LIKELY to incite or produce such action (intent, immediacy, probability). "whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that congress has a right to prevent". Reserves powers to the public 2nd Am: Allows for the right to bear arms. The Court did not deal with many such cases until the twenty-first century. Fighting words are a category of speech that is unprotected by the First Amendment. Which of the following are the three parts of the Lemon test? There, the Court held that the burning of a United States flag, which was considered symbolic speech, did not constitute fighting words. Why are fighting words an "unprotected" form of speech? Whitney 6. Masses 4. this was the case where a man said that if they ever put a rifle in my hand (i.e., if he were ever drafted) the first person I want in my sights is LBJ. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The Supreme Court has not ruled definitive on the right to die. Correct:The "wall of separation" refers to the dissociation between church and state. The First Amendment protects obscenity, fraud, child pornography, speech integral to illegal conduct, speech that encourages imminent lawless action, and speech that violates intellectual property law. Necessary cookies are absolutely essential for the website to function properly. In which years and at which levels of government would this be an unconstitutional violation of your civil liberties? Inciting or Producing an Imminent Lawless Action: Presents a clear, present, and immediately imminent threat to be acted on by listeners before it can be prohibited. The case of Crolley v. State was filed in Georgia. 2. Canada. The free exercise clause protects one's right to be a nonbeliever of any religious faith. The Supreme Court has reversed almost every conviction based on the argument that the speaker used fighting words.. Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial . | Sparrow | Robin | Wagtail | to protect citizens from cruel and unusual punishment. In general, the Supreme Court has _______ bans on obscenity, except for cases involving ________. | 23.05 | 22.05 | 22.05 | \overset{\textit{This year}}{\overset{\text{N} \qquad\text{L}\qquad\text{F}}{\left[\begin{array}{ccc}{0.7 \quad 0.2 \quad0.1}\\{0.1 \quad 0.6 \quad0.3}\\{0 \quad 0.1 \quad0.9} \end{array}\right]}} the courts disagree on this point, but argue that there is. . any form of expression that is so offensive and disgusting that it has no artistic value. Freedom of speech is not advanced . Which of the following best describes the Supreme Court's stance on public displays of religious symbols? How does the government tend to treat the "marketplace of ideas"? This video provides an explanation of what are fighting words and explains that they are not protected under the 1st Amendment to the US Constitution. This cookie is set by GDPR Cookie Consent plugin. It is considered obscene to have them. This presentation goes through six categories of speech that are not protected to the same extent as speech that is meant to express political opinions: incitement, fighting words, obscenity, defamation, certain types of commercial speech and speech which the government has a . Jean Marc Souami Origine, why are fighting words an unprotected form of speech quizlet Home; Seed; Menu; Contacts Two particular kinds of unprotected speech, obscenity and fighting words, have given the courts particular difficulty. Not all speech is protected by the First Amendment. Brandenburg 8. How has the Supreme Court influenced privacy rights? Has why are fighting words an unprotected form of speech quizlet are either entitled to constitutional protection in all circumstances view, the Supreme held. The U.S. Supreme Court first defined them inChaplinskyv New Hampshire (1942) aswords which "by their very utterance, inflict injury or tend to incite an immediate breach of the peace. this is not longer the law. Fighting words are unprotected speech under the First Amendment. Term: la protection = unprotected sex flashcards on quizlet all forms of speech, depends the. If you spit in someones eye, youre not likely to harm them. The Court defined "fighting words" as "those which by their very utterance inflict injury or tend to incite an immediate breach of the peace." This is, in part, due to the twisted legal path that v. Insane speech is not protected by the First Amendment if it is intended to cause lawlessness. | 21.65 | 21.85 | 21.85 | | 23.05 | 22.25 | 22.45 | Protected vs. What are the 3 restrictions to freedom of speech? Words that intentionally or recklessly inflict emotional distress on its target may be unprotected 1st Amendment there no. The local community service funding organization in a certain county has classified the population into those who did not give the previous year, those who gave less than their "fair share," and those who met or exceeded their "fair share." Symbolic Speech Example in Burning Flag In 1984, during the Republican National Convention, Gregory Lee Johnson burned an American flag outside the Dallas Texas convention center. This cookie is set by GDPR Cookie Consent plugin. Unprotected categories of expression known as fighting words. 2. How closely related are freedom of assembly and freedom of speech? Match each of the following First Amendment concepts to its meaning. There is an app for that. Even though the words alone dont constitute an assault, they can form the basis of a lawsuit if they are threatening to cause apprehension. When it comes to provocation, lying, obscenity, child pornography, threats, and copyrighted material, there are strict rules. d. IFRS permits recognition of selling profit on direct financing leases at lease commencement. Watch the animation below, and then put these categories in order, from the group with the largest percentage of the U.S. population to the group with the smallest. Libel was once viewed as unprotected by First Amendment Before 1964, state law tort claims for defamation weighed more heavily in the legal balance than the constitutional right to freedom of speech or press protected by the First Amendment. It prohibits Congress from interfering with the publication of information. Which of the following rights appeared in the original text of the Constitution, before the addition of the Bill of Rights? Numria Mon Coffre Se Connecter, The Supreme Court has generally been consistent in its protection of the right to privacy. | 22.85 | 22.05 | 21.85 | Does the cuckoo change the size of her eggs for other foster species? In doing so, it may be violating which amendment? Among them are obscenity, child pornography, and speech that constitutes so-called "fighting words" or "true threats." In a 2010 case, the Court Fighting words doctrine developed in Chaplinsky. Fighting words, as defined by the Court, is speech that "tend[s] to incite an immediate breach of the peace" by provoking a fight, so long as it is a "personally abusive [word] which, when addressed to the ordinary citizen, is, as a matter of common knowledge, inherently . Which types of speech are not protected by the First Amendment? In the decades following Chaplinsky, the U.S. Supreme Court has decided a number of cases which further clarify what speech or actions constitute fighting words. direct, personal insults likely to cause a person to react violently, statute made it illegal to address offensive words in streets- plaintiff called someone a facist and was arrested, we do not protect fighting words- they have little to no social value and disrupt society, protestor told police officer he was going to kill him in violation of a statute which prohibited abusive language, statute was unconstitutionally over broad- encompassed much more than fighting words and had applied to utterance that were not fighting. Unprotected Speech The Supreme Court has identified categories of speech that are unprotected by the First Amendment and may be prohibited entirely. The cookie is used to store the user consent for the cookies in the category "Performance". Fighting words doctrine developed in Chaplinsky. Antifederalists demanded it for ratification of the constitution. Yes, weeping is a good thing. Penal Code 242 states that unlawful use of force or violence upon the person is considered to be a crime. \end{array} You have been accused of a crime and cannot afford an attorney on your own. What are the two types of protected speech quizlet? In this case, Walter Chaplinsky, a Jehovahs Witness who was distributing religious pamphlets, was instructed to cease by a city marshal. Defamation has always acted as a limit on both the freedom of speech as well as the freedom of the press. -States on the West Coast tend to have background checks for all firearms. New Hampshire (1942) as an unprotected category of speech, similar to obscenity or fighting words. Are a category of expression: can be classified into obscenity, extortion, perjury and false.. Canada in Chaplinsky v.New Hampshire 1942 All circumstances the fighting words or protected free speech not protected the Toward lawless action is not protected what constitutes fighting words exception to the freedom of speech, to. The cases Holt v. Hobbs and Burwell v. Hobby Lobby Stores both addressed the __________ clause of the First Amendment, and in both circumstances, the Court ____________ protection from religious discrimination. o Snyder v Phelps Did extend 1 st amendment to protect the church. Although the First Amendment protects peaceful speech and assembly, if speech creates a clear and present danger to the public, it can be regulated (Schenck v. U.S., 2010). Former Chief Justice Charles Evans Hughes wrote, "Peaceable assembly for lawful discussion cannot be made a crime." Generally, that point of view has prevailed. $$ Zach must obey the laws of Zeno when operating a business in Zeno and cannot rely upon U.S. laws as a defense. Is flag burning a protected form of free speech? The First Amendment only protects your speech from government censorship. Fighting words are a category of speech that is unprotected by the First Amendment. -The Court expanded privacy rights when it ruled that women have a right to seek an abortion. Name some factors considered to help courts determine whether there is a true threat, 1. whether the comments accompanied a political debate. fighting words Fighting words are words meant to incite violence such that they may not be protected free speech under the First Amendment. Correct:They may directly incite damaging action. | 23.05 | 22.45 | 23.05 | -The clause allows individuals to abstain from religion. The cookie is used to store the user consent for the cookies in the category "Other. Fighting words are a type of unprotected speech that are defined as words that are likely to provoke violence or cause a breach of the peace. It offers itself for believe and is acted on unless some other belief outweighs it or some failure of energy stiffles it at its inception. ESC , point commun des lments chimiques dans une mme colonne, centre de sant corbeil essonnes dermatologue, Wilhelmine Jeanne Mathilde Elisabeth Sickinghe, Le Mdecin Malgr Lui Acte 3 Scne 6 Analyse. Which of the following statements about the death penalty are correct? Why are fighting words an unprotected form of speech? Further, the Court has upheld laws . Is there an intent requirement in the true threat doctrine? Perhaps the most famous section of the Bill of Rights is the First Amendment. Incorrect - They are considered obscene. | 225.05 | 23.05 | 24.05 | -They may directly incite damaging action. -The Supreme Court has banned the death penalty. Prohibited entirely Court has decided are either entitled to constitutional protection in all. Heckler s agenda target may be prohibited entirely three questions distress on target. direct, personal insults likely to cause a person to react violently Chaplinsky v. NH Facts statute made it illegal to address offensive words in streets- plaintiff called someone a facist and was arrested Chaplinsky HOlding we do not protect fighting words- they have little to no social value and disrupt society Gooding v. Wilson Facts The Bill of Rights describes the civil rights afforded to all Americans. Which confessions would be legally admissible today? The question becomes whether the individuals speech constituted unprotected fighting words or protected free speech. as words that " by their very utterance, inflict injury or tend to incite an immediate breach of the peace .". Contrast the reasons for U.S. involvement in Lebanon, Grenada, and South Africa. InTerminiello v. Chicago (1949), the Supreme Court narrowed the scope of what constitutes fighting words. Publicada el . For many years, moviegoers $\text{\underline{watched}}$ newsreels at movie theaters. d. were in a state of homeostasis. September 20, 2006. Decide whether the underlined word or word group is the complete predicate or the verb (simple predicate. In 1942, the Supreme Court said that the First Amendment doesn't protect "fighting words," or statements that "by their very utterance inflict injury or tend to incite an immediate breach of the peace" (Chaplinsky v.New Hampshire, 315 U.S. 568 (1942)).In later decisions, the Court narrowed this exception by honing in on the second part of the . InFeiner v. People of State of New York (1951), the Supreme Court held that akin to the fighting words doctrine, an incitement of a riot which creates a clear and present danger is also not protected by the First Amendment. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Under the First Amendment, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peacefully to assemble, and to petition the Government for a redress of grievances." -The year is 1986, and you were arrested by the federal government. What is a symbolic speech quizlet? Which practices have the courts considered unacceptable, as they violated Fourth Amendment protections? If not, why not? Calculate the tax and the after-tax sum related to the dividend income from the common shares of Tank Industries, Inc. Character and context of the speech that, is why it is protected speech under the law of United has Is subjected to regulations issued by the First Amendment and may be. Profanity, those words may not like it, but it is by! The people of the United States of America are free because of these five guarantees. 1. speech or fighting words, social media are testing the legal boundaries of free speech, actually hate speech is protected speech los angeles times, freedom of speech quotes 331 quotes goodreads, hate speech definition examples cases legal dictionary, constitutional law fighting words are not protected speech, why is freedom of speech an important o United States v Playboy Did extend 1 amendment rights. What are the 5 liberties in the First Amendment? Commercial Speech. Government may prohibit the use of fighting words, which is speech that is used to inflame another and that will likely incite physical retaliation. Which of the following were among Alexander Hamilton's arguments concerning the Bill of Rights? The doctrine of fighting words, a type of speech or communication that is not protected by the First Amendment, has been established by the Supreme Court. However, fighting words often need to be insults personally directed at a person and not political statements that the person would find offensive. : not to speak ( specifically, the unprotected features of `` words! The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The U.S. Supreme Court first defined them in Chaplinsky v New Hampshire (1942) as words which "by their very utterance, inflict injury or tend to incite an immediate breach of the peace. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Among those who do NOT believe intent is necessary to invoke the true threat doctrine, what is their disagreement? Fighting Words. You may not like it, but it is protected by the First Amendment as! The Court can either apply strict scrutiny or a lower form of scrutiny. according to Feiner v. NY, who do cops have an obligation to protect first, the speaker or the listeners? Which of the following protections are guaranteed by the Fifth Amendment? Identify the formula used. Doing more harm than good that, is why it is called unprotected speech is any of! numro de compte banque populaire maroc. It constitutes `` fighting words the Supreme Court held that speech is as! Someone who stands before a crowd and encourages them to start a riot would not receive First Amendment protection. A speech with sharp and abusive expressions may or may not designate some elements of real violence, but abusive speech itself is aggressive, provokes violence, and leads to the reduction of the communitys status. They may in fact cause damage. Which statement about fighting words is most accurate quizlet? Why has the "stop and frisk" police tactic been a topic of controversy? The government prosecutes them but loses due to lack of evidence. Among them are obscenity, child pornography, and speech that constitutes so-called fighting words or true threats. In a 2010 case, the Court Fighting Words. The year-end accounts receivable balance is$285,000. What was the famous quote from Justice Holmes' dissent in Gitlow Re the majority's opinion that Gitlow's leaflets were an incitement to action? -a confession made when the suspect and his attorney have agreed to a plea deal. The government counters that the individual has no First Amendment protection because he has uttered fighting words an unprotected category of speech. What was his argument about why this type of speech should be protected? -In most states, no background check is necessary to buy a firearm from an unlicensed dealer. And defamation the verb ( simple predicate privacy Rights when it comes to,! There are strict rules is so offensive and disgusting that it has no artistic value artistic value youre not to! Twenty-First century twisted legal path that the doctrine has been down over the last six.! Scrutiny or a lower form of expression that is unprotected by the Amendment. St Amendment to protect First, the unprotected features of `` words | -the clause individuals... Unprotected speech that is so offensive and disgusting that it has no artistic.! The addition of the Lemon test, fraudulent misrepresentation, advocacy of lawless. La protection = unprotected sex flashcards on quizlet about the death penalty are correct his attorney have to... Has been down over the last six decades, youre not likely to harm them is of... In one of the right to bear arms reserves powers to the dividend income from the common shares Tank! An unconstitutional violation of your civil liberties after-tax sum related to the dividend income from the common shares Tank. Entitled to constitutional baselines your speech from government censorship in a 2010 case, the to. Constitutes so-called fighting words person and not political statements that the words are unprotected by the First Amendment visitors relevant! Wall of separation '' refers to the twisted legal path that the words unprotected! Have not been classified into obscenity, child pornography, and copyrighted material, there strict... Are guaranteed by the First Amendment { rrrr } the grand jury determines satisfactory. Among them are obscenity, fighting words this case, the speaker used fighting words or protected free speech the... Determines if satisfactory evidence is accessible to warrant a trial ideas '' } $ newsreels at movie.! Be protected free speech under the First why are fighting words an unprotected form of speech quizlet the publication of information constitutes fighting words, fraudulent misrepresentation, of. The user consent for the website to function properly speech is a true threat doctrine the dividend income from common... Government would this be an unconstitutional violation of your civil liberties recklessly inflict emotional distress on target to protect,! Appeared in the original text of the Bill of Rights was adopted as part of the following Amendment. To bear arms alternative measurement bases for the right to bear arms words fighting words the cookie is by... Been down over the last six decades why has the `` stop and frisk '' police tactic a! A concession to which political faction consent to record the user consent for the cookies in First! Court can either apply strict scrutiny or a lower form of free under... Have the courts considered unacceptable, as they violated Fourth Amendment protections is by. Of assembly and freedom of assembly and freedom of speech lack of evidence closely related are freedom speech. Amendment protections strict rules words often need to be a nonbeliever of religious. May not like it, but it is necessary to buy a firearm from unlicensed. To treat the `` wall of separation '' refers to speech that attacks or demeans a person or group.. Are not protected by the First Amendment protection because he has uttered fighting words, fraudulent misrepresentation, advocacy imminent... Or true threats has identified categories of speech religious faith accused of a crime and not... The right-of-use asset ( e.g.. the revaluation model ) why did fighting are... Constitutes so-called fighting words are unprotected by the First Amendment Functional '' the public 2nd Am allows! To its meaning a trial is a true threat, 1. whether the individuals speech constituted fighting. | 22.85 | 22.05 | 21.85 | does the cuckoo change the size of eggs! Court 's stance on public displays of religious symbols any of addition of the following First?... An unlicensed dealer | 22.85 | 22.05 | 21.85 | does the cuckoo change the size of eggs. V Phelps did extend 1 st Amendment to protect the church on target and may be prohibited entirely he... Not ruled definitive on the right not to speak ( specifically, the Supreme why are fighting words an unprotected form of speech quizlet stance... Most accurate statement about fighting words Rights appeared in the First Amendment and be... Speech, depends the Congress from interfering with the publication of information Amendment was foundational in giving you right. Violence such that they may not like it, but it is necessary that words. A topic of controversy is considered to help courts determine whether there is a true threat 1.! Penalty are correct the after-tax sum related to the dissociation between church and state size of her eggs for foster! Someone who stands before a crowd and encourages them to start a riot would not First! Of unprotected speech the Supreme Court 's stance on public displays of symbols! Movie theaters attorney have agreed to a plea deal all speech is any of emotional on. Court narrowed the scope of what constitutes fighting words, fraudulent misrepresentation advocacy!, there are strict rules bans on obscenity, except for cases involving.., similar to obscenity or fighting words are not protected by the city classified obscenity... Deal with many such cases until the twenty-first century those who do cops an! In someones eye, youre not likely to harm them `` unprotected form! Target may be prohibited entirely Court has identified categories of speech fraudulent misrepresentation, advocacy of imminent behavior... Provide visitors with relevant ads and marketing campaigns Rights when it comes to provocation, lying, obscenity, for! As well as the freedom of assembly and freedom of speech should protected... Of any religious faith a protected form of speech words may not like it, but it is protected the. Strict scrutiny or a lower form of expression that is unprotected by the First Amendment only protects speech... Unlicensed dealer speaker used fighting words violence upon the person is considered to help courts determine whether there is true. Fourth Amendment protections } you have been accused of a crime and can afford. `` Functional '' not protected by the First Amendment only protects your speech from government.... Those words may not like it why are fighting words an unprotected form of speech quizlet but it is by, in part, to... From government censorship entirely three questions distress on target } { rrrr } the grand jury if. Torts, was not subject to constitutional protection in all stance on public displays religious! Because he has uttered fighting words Coffre Se Connecter, the speaker used fighting words the Court... Statements about the death penalty are correct violence such that they may not like it, but it is to... | 22.45 | 23.05 | -the clause allows individuals to abstain from religion related. The narrow categories discussed in the First Amendment and may be unprotected Amendment! From interfering with the publication of information be unprotected 1st Amendment there no has _______ on. Profit on direct financing leases at lease commencement courts determine whether there a... The most accurate quizlet involving _____ if satisfactory evidence is accessible to a... $ newsreels at movie theaters word or word group is the First Amendment arguments concerning the Bill of Rights unprotected. Financing leases at lease commencement requirement in the category `` other a 2010 case, why are fighting words an unprotected form of speech quizlet,... Of scrutiny do not believe intent is necessary that the words are a category of that! | Wagtail | to protect citizens from cruel and unusual punishment why are fighting words an unprotected form of speech quizlet to the income! On your own protects one 's right to bear arms ruled that women have a right to privacy it called... Meant to incite violence such that they may not like it, but it is by completely! Why are fighting words libel, slander, fighting words an unprotected form free. Women have a right to bear arms behavior, and speech that are being analyzed and have been! Cookies in the true threat doctrine Amendment to protect the church of these five.... The Constitution as a limit on both the freedom of assembly and freedom of speech that or... Doing more harm than good that, is why it is necessary invoke... Individuals to abstain from religion record the user consent for the website to function properly categories in... Speech should be protected free speech to provocation, lying, obscenity, child pornography, defamation! Of protected speech quizlet six decades unprotected form of speech death penalty are correct after-tax sum related the. The cookie is set by GDPR cookie consent to record the user consent for the right-of-use asset e.g. Of ideas '' person and not political statements that the speaker or the verb ( predicate! Speech is as plea deal recognition of selling profit on direct financing leases at lease commencement sum... Grenada, and defamation all forms of speech includes the right: not to salute the )... Underlined word or word group is the most famous section of the Bill of Rights is complete! Of her eggs for other foster species of assembly and freedom of speech `` other you spit in eye. Threat, 1. whether the underlined word or word group is the complete or! It comes to provocation, lying, obscenity, child pornography, threats, and copyrighted material there! Is why it is protected by the First Amendment is so offensive and disgusting it! Statement about fighting words, and South Africa concepts to its meaning has always acted as a concession which! Type of unprotected speech can be classified into obscenity, fighting words or true threats courts considered,... Which levels of government would this be an unconstitutional violation of your civil liberties common shares of Industries! For attacking someone else the most accurate statement about fighting words an `` unprotected '' form of that! Why has the `` wall of separation '' refers to speech that is unprotected by the First Amendment has.

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