Talk:Chaplinsky v. New Hampshire

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Alternative version of events[edit]

Although this is noted in the article, no explanation is made on what source is there for these assertions. When read in context, Chaplinsky was attacked by a hostile crowd with the tacit approval of local law officials who only intervened when they arrest him. His outburst calling the town marshal a fascist and racketeer now has a completely new meaning. It would seem if this version has a historical validity then there the Supreme Court decision seems to completely wrong.

However without the necessary sources for the alternative one, it is hard to judge whether the "official" version can be challenged? — Preceding unsigned comment added by 86.163.107.97 (talk) 19:54, 20 March 2012 (UTC)[reply]


Here's an alternative source, http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1026&context=mulr. --82.134.91.66 (talk) 13:03, 6 December 2015 (UTC)[reply]

is chaplinsky good law?[edit]

there should be a section in the article exploring the issue of whether or not chaplinsky is still good law. arguably, chaplinsky was engaging in political speech. he was accusing a public servant of being a racketeer, i.e. a corrupt official. then he went on to accuse this individual of being a "fascist," i.e., an abusive, authoritarian official. chaplinsky certainly expressed his ideas in a crude manner, but essentially he was saying that he felt that the town marshal was a corrupt and abusive official. the validity of chaplinsky's remarks may be debatable, but the defendant appeared to be engaging in political speech which is protected by the first amendment. either chaplinsky is bad law, or we have to be careful about what we say in the united states when engaging in politcal speech. we may be allowed to use terms such as "corrupt" or "abusive," but we can't go around calling officials "gangsters" or "nazis" or "communists." (at least not to their faces.) this would appear to be the message of "chaplinsky," but does this "message" really square with the way freedom of speech is understood within the context of our constitutional tradition? — Preceding unsigned comment added by 76.127.228.117 (talk) 03:50, 1 January 2014 (UTC)[reply]

See brief discussion of subsequent case developments I've just added. Chaplinsky is good law, i.e, has not been overturned, but its interpretation has varied rather wildly. (Haven't seen a source that says exactly this: It depends greatly on whether the U.S. is at war. But it's clearly true. E.g., Chaplinsky, Korematsu.)--Pechmerle (talk) 07:40, 24 August 2017 (UTC)[reply]

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