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Embed code for: GOV - Supreme Court Simulation Research
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Government – Period 9
13 November 2016
Can the government ban the sale of music and related merchandise?
In the Supreme Court case Mt. Healthy v. Doyle, Doyle, a teacher, was fired because he complained about a new teacher dress code to a radio station, but the district stated that the reason for termination was his bad behavior towards students. However, it was clear that the main reason for termination was that he complained to a radio station, and they only used his bad behavior towards students as an excuse. Since complaining to a radio station is considered free speech, Doyle’s action is protected by the First Amendment, and therefore that could not have been a legitimate reason for termination.
Music, in general, is considered free speech, and therefore under most cases it cannot be restricted or banned by the government. Under the First Amendment, the government is not allowed to ban the sale of music and related merchandise, no matter how expressive it may be, unless it presents a danger to public safety.
In the case of the Insane Clown Posse and Juggalos (ICP fans), the government is allowed to ban the sale of clown related items and ICP music and merchandise, due to the fact that it is a threat to public safety. Juggalos are considered to be a violent gang by the FBI, and by banning the sale of ICP merchandise, they are attempting to reduce the threat to public safety brought by them.