Q: Give two comments made by Dave on proposed theories of free speech.
Dave’s comments…
a. From the time of the Whitney decision in 1927 up until Dennis, the Sup Ct used the Holmes-Brandeis formulation to protect free speech. This test was used in situations of peaceful picketing, breach of peace, contempt, etc. In all contexts, the Sup. Ct. protected this speech. But Dennis changed the test.
b. Dave says to note (for exam purposes) that, even though Holmes and Brandeis agreed on the same test in Whitney, they have separate rationales for free speech. Holmes is a big fan of the “Marketplace of Ideas” theory, while Brandeis views free speech as central to the democratic process.
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