From caf-talk Caf Oct 2 16:03:55 1992 Newsgroups: soc.college,alt.censorship,comp.org.eff.talk,comp.admin.policy,alt.comp.acad-freedom.talk From: kadie@eff.org (Carl M. Kadie) Subject: Article 7--Re: What is "banning" anyway? Message-ID: <1992Oct2.200348.2320@eff.org> Date: Fri, 2 Oct 1992 20:03:48 GMT Here are some more quotes from _Cohen vs. California_ and related cases (from an email correspondent): "In this regard, persons confronted with Cohen's jacket were in quite a different posture than, say, those subjected to the raucous emmissions of sound trucks blaring outside their residences [presumably a reference to the specific case of Kovacs v. Cooper (1949)]. Those in the Los Angeles courthouse could effectively avoid further bombardment of their sensibilities simply by averting their eyes. And, while it may be that one has a more substantial claim to a recognizable privacy interest when walking through a courthouse corridor than, for example, strolling through Central Park, surely it is nothing like the interest in being free from unwanted expression in the confines of one's own home...." _Kovacs v. Cooper_ says: "Section 4 of the ordinance bars sound trucks from broadcasting in a loud and raucous manner in the streets. There is no restriction upon the communication of ideas or discussion of issues by the human voice, by newspapers, by pamphlets, by dodgers. We think that the need for reasonable protection in the homes or business houses from distracting noises of vehicles equipped with such sound amplifying devices justifies the ordinance." _Carey v. Brown_ (1980): "In sum, 'no mandate in our Constitution leaves States and governmental units powerless to pass laws to protect the public from the kind of boisterous and threatening conduct that disturbs the tranquility of spots selected by the people either for homes, wherin they can escape the hurly-burly of the outside business and political world, or for public buildings that require peace and quiet to carry out their functions, such as courts, libraries, schools, and hospitals.'" - Carl