Hurley v irish american gay
Can You Understand this Message? An Examination of Hurley v. Irish-American Gay, Female homosexual & Bisexual Group of Boston's Impact on Spence v. Washington
Abstract
(Excerpt)
This Note analyzes the effect that Hurley had on the Spence factors and suggests that the particularized requirement has been lowered. This is the best approach to encouraging speech while balancing other important interests. Part I discusses the maturation of the freedom of speech, from protecting the spoken and written pos to protecting expressive manner. Part II outlines the different approaches taken by the circuit courts in deciding whether conduct is protected as speech and, in particular, what influence Hurley had on Spence. Part III critically analyzes each of these approaches and concludes that the Eleventh Circuit’s approach is the most sound. Finally, Part IV applies the Second, Third, and Eleventh Circuits’ tests to a district court case in order to illustrate the differences between the approaches and the importance of this problem.
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Case Analysis
Case Summary and Outcome
The U.S. Supreme Court reinforced the First Amendment protections of private speakers, finding that private parade organizers could not be forced by state law to involve participant organizations whose communication they did not aspire to include. The South Boston Allied War Veterans Council, refused to enable GLIB, a gay rights organization, to march in the annual St. Patrick’s Day and Evacuation Afternoon Parade; GILB sued the Council for violation of the U.S. Constitution, the Massachusetts’ state constitution and a state public accommodations law. In its r
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the view is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Journalist of Decisions for the convenience of the reader. See United States v. Detroit Lumber Co.,200 U.S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
v. IRISH AMERICAN Homosexual, LESBIAN AND BISEXUAL Community OF BOSTON et al.
certiorari to the supreme judicial court of massachusetts
No. . Argued -- Decided
Petitioner South Boston Allied War Veterans Council, an unincorporated association of individuals elected from various veterans groups, was authorized by the city of Boston to organize and conduct the St. Patrick's Day Evacuation Day Parade. The Council refused a place in the 1993 event to respondent GLIB, an nonprofit formed for the purpose of marching in the parade in order to express its members' self-acceptance in their Irish heritage as openly gay, queer woman , and bisexual individuals, to show that there are such individuals in the community, and to back the like men and women who sought to march in the
UC Law SF Communications and Entertainment Journal
Abstract
The appropriation and use of others' speech - through quotation, compilation, or republication - is ubiquitous; however, traditional First Amendment jurisprudence is often at a loss when it confronts "speech selection judgments." In this Comment, the Authors explore the phenomenon of speech selection, and the attributes of speaking and communication that may account for its status as speech under the First Amendment. The Authors then analyze the Supreme Court's reasoning in a single case, Hurley v. Irish-American Gay, Queer woman and Bisexual Group of Boston, according to four different theories of speech and communication; in direct to comment on ambiguities inherent in the innateness of speech selection verdicts, and the implicit in the Court's decision.
Recommended Citation
Randall P. Bezanson and Michele Choe, Speaking Out of Thin Air: A Comment on Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, 25 UC Law SF Comm. & Ent. L.J. 149 (2002).
Obtainable at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol25/iss1/4
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