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Which correctly analyzes the effect the supreme court's use of selective incorporation has had on the freedom of expression?

User Karg
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Final answer:

Selective incorporation has expanded the freedom of expression by applying the protections of the Bill of Rights to the states. It has allowed for the expansion of free speech rights on private property and has protected various forms of symbolic speech. State constitutions also play a role in protecting individual rights and liberties.

Step-by-step explanation:

The Supreme Court's use of selective incorporation has had a significant impact on the freedom of expression. Selective incorporation is the process of applying the protections of the Bill of Rights to the states. By selectively incorporating certain rights, the Supreme Court has ensured that these rights are guaranteed to individuals across all states. This has allowed for the expansion of free speech rights on private property and has protected various forms of symbolic speech.

An example of the impact of selective incorporation on the freedom of expression can be seen in the case of Brandenburg v. Ohio in 1969. The Supreme Court ruled that only speech or writing that constituted a direct call or plan to imminent lawless action could be suppressed, while mere advocacy of a hypothetical revolution was protected. This ruling expanded the scope of protected speech and reinforced the importance of free expression.

State constitutions also play a role in protecting individual rights and liberties. The evidence presented in the article shows that state constitutions have a direct impact on the rights and liberties of individual citizens today. States like California, Colorado, Massachusetts, New Jersey, Oregon, and Washington have taken steps to protect free speech rights on private property, thereby expanding the freedom of expression beyond the limitations set by the Supreme Court. State judges also have the responsibility to navigate conflicts between state constitutional law and U.S. Supreme Court rulings, ensuring that individuals' rights are upheld at the state level.

User Jin Lim
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