R. A. V. v. St. Paul, 505 U.S. 377, 23 (1992)

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Cite as: 505 U. S. 377 (1992)

White, J., concurring in judgment

I

A

This Court's decisions have plainly stated that expression falling within certain limited categories so lacks the values the First Amendment was designed to protect that the Constitution affords no protection to that expression. Chaplin-sky v. New Hampshire, 315 U. S. 568 (1942), made the point in the clearest possible terms:

"There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. . . . It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality." Id., at 571-572.

See also Bose Corp. v. Consumers Union of United States, Inc., 466 U. S. 485, 504 (1984) (citing Chaplinsky).

Thus, as the majority concedes, see ante, at 383-384, this Court has long held certain discrete categories of expression to be proscribable on the basis of their content. For instance, the Court has held that the individual who falsely shouts "fire" in a crowded theater may not claim the protection of the First Amendment. Schenck v. United States, 249 U. S. 47, 52 (1919). The Court has concluded that neither child pornography nor obscenity is protected by the First Amendment. New York v. Ferber, 458 U. S. 747, 764 (1982); Miller v. California, 413 U. S. 15, 20 (1973); Roth v. United States, 354 U. S. 476, 484-485 (1957). And the Court has observed that, "[l]eaving aside the special considerations when public officials [and public figures] are the target, a libelous publication is not protected by the Constitution." Ferber, supra, at 763 (citations omitted).

399

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