Analysis of the Case Filed against Birth Choices, Inc Study

Analysis of the Filed against Birth Choices, Inc - Case Study ExampleWhile it is true that the start Amendment provides freedom for everyone to speak up what they feel or what they deem is right, the freedom of row is not absolute. Freedom of speech will not clothe anyone, or any group, who, in a humankind place will use language or words that are likely to cause a breach of the peace. These include statements that contain profane, libelous, defamatory, lewd, profane, or insulting word that is most likely to provoke rampageous reactions at their very utterance.In this case, the acts of the members of Christian for Life in yelling out Murderers and of splashing cetchup to the members of the Birth Choices, Inc., are defamatory and tends to invite a violent reaction by the latter group. Thus, the speech and the act were not a healthy exercise of freedom of speech and are not saved under the First Amendment. Being the facts, the motion to dismiss should be denied and the case shoul d be set for trial. The bug out is whether or not the corporate logo of the Birth Choices, Inc. hung on the entrance of the city center is salacious and should be taken down. The US Supreme Court defined in numerous decided cases an dingy material as those that deal with sex in a manner appealing to prurient interest. It get on defines material appealing to prurient interest as material having a tendency to excite prurient thoughts, and defined prurient interest as a shameful or morbid interest in nudity, sex, or excretion. It further stressed that only hardcore materials are not protected under the First Amendment. Hardcore materials include those patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, tangible or simulated. In this case, since the contested logo is in the form of a silhouette, it cannot be considered as a hardcore material. There is no patent representation of a sexual act between a man and a woman since a silhouette c an be interpreted in legion(predicate) ways.