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Gale Encyclopedia Of American Law 3Rd Edition Volume 4 P57

Gale Encyclopedia of American Law Volume 4 P57 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | FREEDOM OF SPEECH 549 to the organization s exercise of its free speech rights. Justice clarence thomas in his majority opinion addressed the freedom-of-speech argument. He noted that the school was a limited public forum and that the state therefore was not required to permit persons to engage in every type of speech. However the state s ability to restrict speech was not unlimited. In addition the state could not discriminate against speech on the basis of viewpoint. Justice Thomas wrote that the school district decision had unlawfully imposed this requirement. He pointed to recent court decisions that had forbidden states to prevent religious groups from using public facilities or to receive funding for an undergraduate organization. statutes that prohibit the desecration of the U.S. flag have been found to restrict free expression unconstitutionally. In Texas v. Johnson 491 U.S. 397 109 S. Ct. 2533 105 L. Ed. 2d 342 1989 the Court overturned Gregory L. Johnson s conviction for burning a U.S. flag during a demonstration. Johnson s actions were communicative conduct that warranted First Amendment protection even though they were repugnant to many people. Similarly in United States v. Eichman 496 U.S. 310 110 S. Ct. 2404 110 L. Ed. 2d 287 1990 the Court struck down the federal Flag Protection Act of 1989 103 Stat. 777 18 U.S.C.A. 700 stating that the government s interest in passing the act had been a desire to suppress free expression and the content of the message that the act of flag burning conveys. The U.S. Supreme Court has generally struck down prohibitions on nudity and other erotic but not obscene expressive conduct. However in Barnes v. Glen Theatre 501 U.S. 560 111 S. Ct. 2456 115 L. Ed. 2d 504 1991 the Court upheld a ban on totally nude dancing on the ground that it was part of a general ban on public nudity. While recognizing that nude dancing generally has been considered protected expressive conduct the justices pointed out that such activity is .