FIRST AMENDMENT OVERBREADTH DOCTRINE - A COMPARISON OF DELLINGER AND BARANSKI

• NCJ Number: 16090
• Journal: Journal of Criminal Law and Criminology Volume: 65 Issue: 2 Dated: (JUNE 1974) Pages: 192-200
• Author(s): ANON
• Date Published: 1974
• Length: 9 pages
• Corporate Author: Northwestern University; Williams and Wilkins Co
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE FIRST AMENDMENT CONCEPT OF FREEDOM OF EXPRESSION WAS INTERPRETED IN DELLINGER AND BARANSKI BY THE SEVENTH CIRCUIT COURT OF APPEALS TO BE DEPENDENT ON THE POSSIBLE HARM TO SOCIETY RESULTING FROM FREE SPEECH IN EACH CASE.

Abstract

THE DIFFERENCE IN CONCLUSION DID NOT ARISE FROM ANY FACTUAL DIFFERENCE, BUT RATHER FROM THE EVALUATION AND APPLICATION OF FIRST AMENDMENT PRINCIPLES. BOTH DECISIONS ARE ACCEPTABLE INTERPRETATIONS OF THE SUPREME COURT DECISIONS CONCERNING FIRST AMENDMENT RIGHTS. THEY ARE NOT IDENTICAL INTERPRETATIONS, BUT POSITIONS AT EITHER END OF A CONTINUUM. WHILE BOTH DECISIONS REFER TO THE PRIMACY OF FIRST AMENDMENT RIGHTS, THE BARANSKI DECISION GIVEN GREATER IMPORTANCE TO THESE RIGHTS IN DETERMINING TO INVALIDATE THE CHALLENGED STATUTE. THE DELLINGER AND BARANSKI DECISIONS REPRESENT A DIVISION WITHIN THE SEVENTH CIRCUIT, A DIVISION AS YET UNRESOLVED. THE BREADTH WITH WHICH A LEGISLATURE MAY ACT IN SUPPRESSING VIOLENCE REMAINS UNDEFINED. (AUTHOR ABSTRACT)