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To: topher; generalissimoduane

I’m no professor of Constitutional law but doesn’t an ordinance which creates a prior restraint on speech violate the First Amendment?


13 posted on 01/04/2008 5:00:51 PM PST by BenLurkin
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To: BenLurkin
I’m no professor of Constitutional law but doesn’t an ordinance which creates a prior restraint on speech violate the First Amendment?

This isn't prior restraint, since the women were not prevented from speaking, but were punished for having spoken. In the more classic sense of the term, a newspaper can't be prevented from printing a libel, but can be sued after the fact. As a free speech case, this has mostly to do with what is and isn't considered a public forum under the law, and there's a whole body of cases that speak to that.

19 posted on 01/04/2008 5:13:45 PM PST by Bubba Ho-Tep ("More weight!"--Giles Corey)
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