Exact(11)
The First Amendment did not prevent the School District from disciplining respondent for giving the offensively lewd and indecent speech at the assembly.
The Court of Appeals read that case as precluding any discipline of Fraser for indecent speech and lewd conduct in the school assembly.
The court held that restricting indecent speech is justified "when there is a reasonable risk that children may be in the audience".
Petitioner School District acted entirely within its permissible authority in imposing sanctions upon respondent in response to his offensively lewd and indecent speech, which had no claim to First Amendment protection.
Indecent speech, at least when broadcast over the airwaves, also may be regulated absent a clear and present danger of the type described by Mr. Justice Brandeis and required by this Court in Brandenburg.
That was established in a 1978 Supreme Court case allowing the government to prohibit "indecent" speech (which the First Amendment protects) during hours when children are likely to be watching or hearing the broadcast.
Similar(49)
LEAD: A Federal appeals court ruled today that a Federal Communications Commission ban on the broadcasting of "indecent" language during evening hours violated the rights of free speech.
In the process, Congressional representatives had to deal with several free speech issues, which were resolved in favor of the Progressive concepts of public interest, thereby limiting free speech… Congressmen feared radio's potential power to prompt radical political or social reform, spread indecent language, and to monopolize opinions.
1948 Act June 25 , 1948 repealed last sentence relating to use of indecent language.
These cases recognize the obvious concern on the part of parents, and school authorities acting in loco parentis, to protect children especially in a captive audience -- from exposure to sexually explicit, indecent, or lewd speech.
The F.C.C.'s policy prohibits indecent material and profane speech between 6 a.m. and 10 p.m. Violations may result in substantial monetary fines, loss of a broadcast license and other sanctions.
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