
Chaplinsky v. New Hampshire
Case in courtWikipedia
2
MENTIONS
1
EPISODES
1
PODCASTS
Search complete. 2 mentions across 1 episode found for "Chaplinsky v. New Hampshire".
Oct 9, 2026
Episode 49: Serious Citizenship (feat. David Upham)
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52:14David UphamGUEST
Um, uh, the...
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52:17David UphamGUEST
At common law, these things could be enumerated, and, uh, uh, Chaplinsky versus New Hampshire is a nice place to find that as late as 1942, the Supreme Court just said, "Well, that's out.
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52:26David UphamGUEST
All that stuff's out." Libelous, the, the, uh, the indecent.
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52:30David UphamGUEST
Um, uh, they don't mention blasphemous, and that, that would be, that's, that's a little bit more controversial.
6 MINS LATER
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58:57David UphamGUEST
I mean, this is all a question that's gonna, we'll see how it plays out.
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58:59David UphamGUEST
I hope it doesn't play out badly, but, um, in times of national crisis, um, in our nation's history that, that, that, that, uh, the notion of invulnerability, invincibility, and therefore we c- we, we can endorse, in fact call this constitutional right, um, was, was just not something that was possible.
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59:19David UphamGUEST
He- hence Chaplinsky is 1942.
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59:21David UphamGUEST
That is to say, when Americ- it's the same year in which the United States was feeling the most vulnerable.