Analysis of the Case Filed against Birth Choices, Inc Study

Analysis of the Filed against Birth Choices, Inc - Case Study Example While it is true that the First Amendment provides freedom for everyone to speak up what they feel or what they deem is right, the freedom of speech is not absolute. Freedom of speech will not clothe anyone, or any group, who, in a public place will use language or words that are likely to cause a â€Å"breach of the peace.† These include statements that contain profane, libelous, defamatory, lewd, profane, or insulting word that is most likely to provoke violent reactions at their very utterance.  In this case, the acts of the members of Christian for Life in yelling out â€Å"Murderers!† and of splashing ketchup to the members of the Birth Choices, Inc., are defamatory and tends to invite a violent reaction by the latter group. Thus, the speech and the act were not a healthy exercise of freedom of speech and are not protected under the First Amendment. Being the facts, the motion to dismiss should be denied and the case should be set for trial. The issue is whether or not the corporate logo of the Birth Choices, Inc. hung on the entrance of the city center is obscene and should be taken down. The US Supreme Court defined in numerous decided cases an obscene material as those that deal with sex in a manner appealing to prurient interest. It further defines material appealing to prurient interest as â€Å"material having a tendency to excite lustful thoughts,† and defined prurient interest as a â€Å"shameful or morbid interest in nudity, sex, or excretion. It further stressed that only â€Å"hardcore† materials are not protected under the First Amendment. â€Å"Hardcore† materials include those â€Å"patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated.†Ã‚   In this case, since the contested logo is in the form of a silhouette, it cannot be considered as a hardcore material. There is no patent representation of a sexual act between a man and a woman sin ce a silhouette can be interpreted in many ways.