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    Offensive Speech and Offensive Conduct

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    How is offensive speech different from offensive conduct? Provide examples

    © BrainMass Inc. brainmass.com October 10, 2019, 6:36 am ad1c9bdddf
    https://brainmass.com/law/criminal-law-and-justice/offensive-speech-offensive-conduct-550324

    Solution Preview

    As the freedom of speech is clearly written into the 1st amendment of the U.S. Constitution, this is a 1st amendment question, and you should look up cases relevant to first amendment rights.

    When trying to answer this question, you may want to examine some important cases on point. In Cohen v. California the Supreme Court held, "this case concerned "speech," and not "conduct," as was at issue in United States v. O'Brien. Harlan then stated that any attempt by California to abridge the content of Cohen's speech would be no doubt unconstitutional except in a few instances, like, for example, if California was regulating the time, place, or manner of Cohen's speech independent from the content of the speech" (Cohen v. California, Wikipedia, http://en.wikipedia.org/wiki/Cohen_v._California).

    In Cohen, the defendant had the words "Fuck the Draft" displayed on the back of a jacket he was wearing.

    Other relevant cases: Roth v. United States, Chaplinsky v. New Hampshire (Fighting words), Whitney v. ...

    Solution Summary

    How the offensive speech is different from offensive conduction is determined. Examples are conducted.

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