GirlChat #457855
Re: Of course not
Posted by
otto117 on 2009-January-02 02:14:29 EST, Friday
In reply to
Of course not posted by Dante on 2008-December-30 21:39:19 EST, Tuesday
Exactly. The target is sexual fantasy. Violent words are covered by the "Clear and Present Danger" test, interpreted in the 1969 case of Brandenburg v. OH, to mean that speech is NOT protected ONLY when it is "directed to inciting or producing imminent lawless action and . . . likely to incite or produce such action." Unfortunately, sexual speech has traditionally been exempt from the Clear & Present Danger test. Of course, that test is the one that OUGHT to be applied in every case. (Talk about fantasy...)