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Monday, April 19, 2010

con law: april 19 2010 class notes

us v. o'brien -- one of the most famous opinions
what's the gov't interest? ensuring continued

difference between strict and intermediate scrutiny

could say no less restrictive, but the court isn't doing that...

o'brien test
can't knowingly destroy/ mutilate the document:

stromberg v. CA: stromberg was waving a red flag, during commie times. this case was symbolic speech protective

non 1A protected v. 1A protected speech:
1. incitement (post wwII)
2. Bbs
3. clear and present danger

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