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Pure Speech

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Written and spoken words that fall within the scope of protection provided by the First Amendment to the Constitution.

Pure speech and other types of communication, such as picketing and Symbolic Speech or speech plus, that involve conveying an idea or message through behavior, are safeguarded by the Constitution against Arbitrary and unreasonable interference by the government. This right of freedom of expression is not, however, absolute. Pure speech and other communications are not protected if they present a Clear and Present Danger to society or if they constitute libel, Obscenity, or slander.

Cross-references

Freedom of Speech.



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The provision of medical advice - whether it be that the patient take aspirin or vitamin C, lose or gain weight, exercise or rest, smoke or refrain from smoking marijuana - is not pure speech.
In the edited volume, If Buckley Fell, New York State University Law Professor Burr Neuborne laments: "At some point, uncontrolled, massive political spending stops being pure speech and becomes an exercise in power.
17) For example, the Court of Appeals for the Ninth Circuit recently stated that the decision to "speak in a language other than English [implicates] pure speech concerns .
 
 
 
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