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Shofar
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For the academic journal, see Shofar (journal). For the Shofar Organization, see Amnon Yitzhak.
Shofar
Shofar
Blowing the shofar
A shofar (pron. /ʃoʊˈfɑːr/, from Hebrew: שׁוֹפָר (help·info), pronounced [ʃoˈfaʁ]) is an ancient musical horn typically made of a ram's horn, used for Jewish religious purposes. Like the modern bugle, the shofar lacks pitch-altering devices. All pitch control is done by varying the player's embouchure. The shofar is blown in synagogue services on Rosh Hashanah and at the very end of Yom Kippur, and is also blown every weekday morning in the month of Elul running up to Rosh Hashanah.[1] Shofars come in a variety of sizes and shapes, depending on the choice of animal and level of finish.
Contents
[hide]
1 Bible and rabbinic literature
1.1 Post-Biblical times
1.2 Mitzvah
1.3 Qualifications
2 Shape and material
2.1 Choice of animal
2.2 Construction
3 Sounds
3.1 Foundations in Talmud and Torah
3.2 Modern practice
4 Use in modern times
4.1 Religion
4.2 National liberation
4.3 Non-religious musical usage
4.4 Celebration and protest
5 See also
6 Notes
7 References
8 Further reading
9 External links
Bible and rabbinic literature[edit]
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Shofar (by Alphonse Lévy (fr) Caption says: "To a good year"
The shofar is mentioned frequently in the Hebrew Bible, the Talmud and rabbinic literature. The blast of a shofar emanating from the thick cloud on Mount Sinai made the Israelites tremble in awe (Exodus 19:16).
The shofar was used to announce holidays[2] and the Jubilee year.[3] The first day of the seventh month (Tishrei) is termed "a memorial of blowing",[4] or "a day of blowing",[5] the shofar. They were used for signifying the start of a war.[6] Later, it was also employed in processions,[7] as musical accompaniment[8] and eventually it was inserted into the temple orchestra by David.[9] Note that the 'trumpets' described in Numbers 10 are a different instrument, described by the Hebrew word 'trumpet' (Hebrew: חצוצרה; ḥaṣoṣrah), not the word for shofar (Hebrew: שופר).
The Torah describes the first day of the seventh month (1st of Tishrei = Rosh HaShanah) as a zikron teruˁah (Hebrew: זכרון תרועה; memorial of blowing; Lev. 23:24) and as a yom teruˁah (Hebrew: יום תרועה; day of blowing; Num. 29). This was interpreted by the Jewish sages as referring to the sounding of the shofar.
In the Temple in Jerusalem, the shofar was sometimes used together with the trumpet. On New Year's Day the principal ceremony was conducted with the shofar, which instrument was placed in the center with a trumpet on either side; it was the horn of a wild goat and straight in shape, being ornamented with gold at the mouthpiece. On fast days the principal ceremony was conducted with the trumpets in the center and with a shofar on either side. On those occasions the shofarot were rams' horns curved in shape and ornamented with silver at the mouthpieces. On Yom Kippur of the jubilee year the ceremony was performed with the shofar as on New Year's Day.
On Rosh Hashanah and other full holidays (Day of Atonement, Ingathering of the harvest (Sukkot), Passover and the Feast of Weeks – Pentecost) a single priest perfected two sacrifices in honor of the full holiday. (Note that festivals such as Hanukah and Purim, are not considered full holidays requiring an extra sacrifice.) On Rosh Hashanah, something special occurred during the special sacrifice. Arguably two Shofar sounders played the long notes and one trumpet player played the short note. Accordingly, Rosh Hashanah is called Yom Teruah (the day of the blast). Otherwise, the trumpets had "top billing". Rosh Hashanah 27a, supports this claim: "Said Raba or it may have been R. Joshua B. Levi: What is the scriptural warrant for this? – Because it is written, 'With trumpets and the sound of the Shofar shout ye before the King in the Temple, we require trumpets and the sound of the Shofar; elsewhere not.'"[10]
Indeed, on Yom Kippur, the Shofar was sounded to announce the Jubilee Year (every 50 years, Jews were granted forgiveness, debts were forgiven, indentured Israelites were granted freedom, and the fields "shall become owned by the priests". Shofar first indicated in Yovel (Jubilee Year—Lev. 25:8–13). Indeed, in Rosh Hashanah 33b, the sages ask why the Shofar sounded in Jubilee year. Further support[clarification needed support of what?] is found in Rosh Hashanah 29a, indicating the sounding of both Shofars and trumpets. On Jubilee Year, however, only the Shofar blasts. The Rabbi's created the practice of the Shofar's sounding every Yom Kippur rather than just on the Jubilee Year (once in 50 years).
Otherwise, for all other special days, the Shofar is sounded shorter and two special silver Trumpets announced the sacrifice. When the trumpets sound the signal, all the people who were within the sacrifice prostrate themselves, stretching out flat, face down and on the ground.
The shofar was blown in the times of Joshua 5 to help him capture Jericho. As they surrounded the walls, the shofar was blown and the Jews were able to capture the city. The shofar was commonly taken out to war so the troops would know when a battle would begin. The person who would blow the shofar would call out to the troops from atop a hill. All of the troops were able to hear the call of the shofar from their position because of its distinct sound.[citation needed]
Post-Biblical times[edit]
Old Jerusalem Yochanan ben Zakkai synagogue—A flask of oil and a shofar for the anointing of the eagerly-awaited Mashiach.[11]
At the inception of the Diaspora, during the short-lived ban on playing musical instruments, the shofar was enhanced in its use, as a sign of mourning for the destruction of the temple. The declaration of the ban's source was in fact set to music itself as the lamentation 'Al Naharoth Bavel' within a few centuries of the ban. (It is noted that a full orchestra played in the temple, the ban was so that this would not be taken for granted, hence the wording of the ban 'if I forget thee O Jerusalem, over my chiefest joy etc.'.) The shofar continues to announce the Jewish Year,[12] and the sighting of the new moon,[13] to introduce Shabbat,[14] to carry out the commandment to sound it on Rosh Hashanah, and to mark the end of the day of fasting on Yom Kippur, once the services have been completed in the evening.[15] Secular uses have been discarded (see a notable exception in a section further down).[16]
The shofar is primarily associated with Rosh Hashanah; indeed, Rosh Hashanah is called "Yom Teruah" (or "Yom T'ruah") (the day of the shofar blast). In the Mishnah (book of early rabbinic laws derived from the Torah), a discussion centers on the primacy of the shofar in the time before the destruction of the second temple (70 AD). Indeed, the shofar was the center of the ceremony, with two silver trumpets playing a lesser role. On other solemn holidays, fasts, and new moon celebrations, two silver trumpets were featured, with one shofar playing a lesser role. The shofar is also associated with the jubilee year in which, every fifty years, Jewish law provided for the release of all slaves, land, and debts. The sound of the shofar on Rosh Hashanah announced the jubilee year, and the sound of the shofar on Yom Kippur proclaimed the actual release of financial encumbrances.
The halakha (Jewish law) rules that the shofar may not be sounded on Shabbat, due to the potential that the Ba’al Tekiah (shofar sounder) may inadvertently carry it, which is in a class of forbidden Shabbat work.[17] The historical explanation is that, in ancient Israel, the shofar was sounded on Shabbat in the temple located in Jerusalem. After the temple’s destruction, the sounding of the shofar on Shabbat was restricted to the place where the great Sanhedrin (Jewish legislature and court from 400 BCE to 100 C.E.) was located. However, when the Sanhedrin ceased to exist, the sounding of the shofar on Shabbat was discontinued.[18]
The shofar says, "Awake, sleepers from your sleep, and slumberers arise from your slumber!" Mishneh Torah, Laws of Repentance 3:4.[19]
Mitzvah[edit]
Jewish "Slichot" prayer service with shofar during the Days of Repentance preceding Yom Kippur at the Western Wall in Jerusalem's Old City, 2008.
The Sages indicated that the mitzvah was to hear the sounds of the shofar. They went so far as to consider a shofar blown into a pit or cave and to decide whether a person who hears the original sound or the echo has fulfilled the mitzvah. Mishnah (Rosh Hashanah 27b). The Shulchan Aruch sums up that if the hearer hears the reverberation, the mitzvah is not valid. However, if the listener perceives the direct sounds, he fulfils the mitzvah.[20] Thus, most modern halakhic authorities hold that hearing a shofar on the radio or the Internet would not be valid to satisfy the mitzvah because "electronically reproduced sounds do not suffice for mitzvot that require hearing a specific natural sound.... However, one should consult a competent rabbi if an unusually pressing situation arises, as some authorities believe that performing mitzvot through electronically reproduced sound is preferable to not performing them at all."[21]
According to Jewish law women and minors are exempt from the commandment of hearing the shofar blown (as is the case with any positive, time-bound commandment), but they are encouraged to attend the ceremony.
If the Baal Tekiyah (shofar sounder) blows with the intention that all who hear will perform the mitzvah, then anyone listening—even someone passing by—who intends to hear the Shofar can perform the mitzvah because the community blower blows for everybody. If the listener stands still, it is presumed he intends to hear.[22] If one hears the blast but with no intention of fulfilling the mitzvah, then the mitzvah has not been fulfilled.
Qualifications[edit]
Yemenite Jew blowing the shofar, late 1930's
The expert who blows (or "blasts" or "sounds") the shofar is termed the Tokea (lit. "Blaster") or Ba'al Tekiah (lit. "Master of the Blast"). Being a Ba'al Tekiah (shofar sounder) is an honor. Every male Jew is eligible for this sacred office, providing he is acceptable to the congregation. "The one who blows the shofar on Rosh Hashanah ... should likewise be learned in the Torah and shall be God-fearing; the best man available." If a potential choice will cause dissension, he should withdraw his candidacy, even if the improper person will be chosen.[23]
The Shulchan Aruch discusses who is fit to blow the shofar on behalf of a congregation:
Anyone not obligated to fulfill the mitzvah of sounding the shofar cannot fulfill the commandment for (cover) another whose duty it is to perform the mitzvah.
Although a woman (who is exempt from this mitzvah because it is time bound) may not blow the shofar for men (whose duty it is to perform the mitzvah), a female Ba'alat Tekiah may intone the shofar for herself and other women. Similarly, she may say a blessing over the mitzvah even though it is not mandatory (the requisite blessing contains the words "asher kid'shanu b'mitzvotav v'tzivanu", "who sanctified us with His commandments [mitzvot] and commanded us to ...", but women are not commanded in this mitzvah).
Only a freeman (not even a slave who will become free in the next month) can be a Ba'al Tekiah.[24]
The Ba'al Tekiah shall abstain from anything that may cause ritual contamination for three days prior to Rosh Hashanah.[25]
Shape and material[edit]
Choice of animal[edit]
According to the Talmud, a shofar may be made from the horn of any animal from the Bovidae family except that of a cow[26] although a ram is preferable.[27] Bovidae horns are made of a layer of keratin (the same material as human toenails and fingernails) around a core of bone, with a layer of cartilage in between, which can be removed to leave the hollow keratin horn. An antler, on the other hand, is made of solid bone, so an antler cannot be used as a shofar because it cannot be hollowed out.
There is no requirement for ritual slaughter (shechita), and theoretically, the horn can come from a non-kosher animal because under most, but not all, interpretations of Jewish law the shofar is not required to be muttar be-fikha (literally: permissible in your mouth); the mitzvah is hearing the shofar, not eating the animal it came from.[28] The shofar falls into the category of tashmishei mitzvah, objects used to perform a mitzvah that do not themselves have inherent holiness.[29] Moreover, because horn is always inedible, it is considered afra be-alma (mere dust) and not an unkosher substance.[30]
The Elef Hamagen (586:5) delineates the order of preference: 1) curved ram; 2) curved other sheep; 3) curved other animal; 4) straight—ram or otherwise; 5) non-kosher animal; 6) cow. The first four categories are used with a bracha (blessing), the fifth without a bracha, and the last, not at all.[31]
A Dall Sheep with horns.
Greater Kudu, Namibia.
Construction[edit]
In practice two species are generally used: the Ashkenazi and Sefardi shofar is made from the horn of a domestic ram, while a Yemeni shofar is made from the horn of a kudu. A Moroccan Shofar is a flat Shofar with no curves besides the main curve. A crack or hole in the shofar affecting the sound renders it unfit for ceremonial use. A shofar may not be painted in colors, but it may be carved with artistic designs (Shulkhan Arukh, Orach Chayim, 586, 17). Shofars (especially the Sephardi shofars) are sometimes plated with silver across part of their length for display purposes, although this invalidates them for use in religious practices.
The horn is flattened and shaped by the application of heat, which softens it. A hole is made from the tip of the horn to the natural hollow inside. It is played much like a European brass instrument, with the player blowing through the hole, causing the air column inside to vibrate. Sephardi shofars usually have a carved mouthpiece resembling that of a European trumpet or French horn, but smaller. Ashkenazi shofars do not.
Because the hollow of the shofar is irregular in shape, the harmonics obtained when playing the instrument can vary: rather than a pure perfect fifth, intervals as narrow as a fourth, or as wide as a sixth may be produced.
A small shofar made from a ram’s horn.
A shofar made from the horn of a Greater kudu.
A small shofar made from a ram's horn.
Sounds[edit]
Foundations in Talmud and Torah[edit]
The Tekiah (תקיעה) and teruah (תרועה) sounds mentioned in the Tanakh were respectively bass and treble.[speculation?] The tekiah (or "t'kiah"or "t'qiah") was a plain deep sound ending abruptly; the teruah (or "t'ruah"), a trill between two tekiahs. These two sounds, constituting a single unit of shofar sounding, were rendered three times during a service added specially for Rosh HaShanah: first in honor of God's Kingship (malchiyot or malchuyot)); next to recall the Binding of Isaac, in order to cause the congregation to be remembered before God (zichronot); and a third time to comply with the precept regarding the shofar (shofrot).[citation needed]
The word teruah (a broken sound) appears three times in the Bible in the context of the shofar, from which the Talmud[32] derives the rule that three such sounds must be made. In addition, other verses connect the word tekiah (an unbroken sound) to teruah twice, thus leading the Talmud to rule that each teruah must be preceded and followed by a tekiah, leading to a total of nine blasts (tekiah-teruah-tekiah three times).
Over time doubts arose as to the correct sound of the teruah. The Talmud is uncertain whether it means a moaning/groaning or a staccato beat sound.[32] A system of three sounds was therefore devised to account for all the possibilities:
Shevarim (or "sh'varim") (שברים) is composed of three connected short sounds.
Teruah is a series of nine very short notes divided into three disconnected or broken sequences of three notes each. The nine notes of the teruah is equal the three notes of the shevarim in duration.
Tekiah is slightly longer than the length of either the shevarim or the teruah.[33]
The doubt as to the nature of the Biblical teruah, whether it was simply a broken moan (shevarim), a staccato (teruah) or both (shevarim-teruah), necessitates three near-repetitions to make sure of securing the correct sound. The sequence of the shofar blowing is thus:
Tekiah, shevarim-teruah, tekiah
Tekiah, shevarim, tekiah
Tekiah, teruah, and then a final blast of tekiah gedolah, which means "big tekiah", held as long as possible.
This series is also known by its acronyms: TaShRaT, TaShaT, TaRaT, respectively.
When blowing the shevarim-teruah, the tekiah is lengthened to be slightly longer than the duration of the shevarim and the teruah together.[34][35]
Some opinions require trebling the series, based on the mention of teruah three times in connection with the seventh month (Lev. xxiii, xxv; Num. xxix), and also on the above-mentioned division of the service into malchiyot, zichronot, and shofarot.
To fulfill all of the opinions and criteria above, a total of thirty blasts are sounded, the minimum number required today:
Tashrat three times, yielding twelve blasts
Tashat three times, yielding nine
Tarat three times, yielding nine
Alternatively, although fewer opinions are satisfied, some communities sound a single series of Tashrat-Tashat-Tarat without trebling. This may also fulfill the required total of thirty blasts, if tekiah is counted as one note, shevarim three, and teruah nine.[36]
Regardless, all halachic authorities[37] teach that one should follow one's community's custom.
Modern practice[edit]
Shofar sound for Rosh Hashana, Ashkenaz version; The National Library of Israel.
It is customary to hear 100 or 101 sounds in the synagogue, although the minimum requirement is to hear 30 sounds.
The shofar is sounded just before, during and after the Musaf prayer on Rosh Hashanah. For the sounding just before Musaf, after the Torah reading, relevant verses from the Bible are recited, followed by two blessings: one on the Biblical commandment of "hearing the sound of the shofar" and the blessing of Shehecheyanu. After that, thirty shofar blasts are sounded. In the Musaf prayer itself, the shofar is sounded three times during the silent prayer, and then again three times during the leader's repetition. For each of these soundings, ten appropriate selections from the Bible are recited, followed by a benediction, followed finally by a series of ten shofar blasts. After leader's repetition of the Musaf prayer is completed, a final series of ten (or eleven, depending on the community's custom) shofar blasts are sounded, yielding a total of 100 or 101 blasts. (Some communities do not blow the shofar during the silent Musaf prayer, instead blowing the 30 blasts after the leader's repetition.) After the service is over, it is customary to blow another series of thirty blasts "to confuse the Adversary".
According to the Sephardic tradition, a full 101 blasts are sounded, corresponding to the 100 cries of the mother of Sisera, the captain of Jabin's army who did not return home after being killed by Yael (Judges 5:28). One cry is added to symbolize the legitimate love of a mother mourning her son.[38][39]
Use in modern times[edit]
Religion[edit]
The shofar is used mainly on Rosh Hashanah and Yom Kippur. It is blown in synagogues to mark the end of the fast at Yom Kippur, and blown at four particular occasions in the prayers on Rosh Hashanah. Because of its inherent ties to the Days of Repentance and the inspiration that comes along with hearing its piercing blasts, the shofar is also blown after morning services for the entire month of Elul, the last month of the Jewish civil year and the sixth of the Jewish ecclesiastical year. It is not blown on the last day of month, however, to mark the difference between the voluntary blasts of the month and the mandatory blasts of the holiday. Shofar blasts are also used during penitential rituals such as Yom Kippur Katan and optional prayer services called during times of communal distress. The exact modes of sounding can vary from location to location.
In an effort to improve the skills of shofar blowers, an International Day of Shofar Study is observed on Rosh Chodesh Elul, the start of the month preceding Rosh Hashanah.[40]
A Jewish Haredi man blowing a Shofar, 2012.
Hasidic Jew, blowing the kudu shofar in Uman, Ukraine, 2010.
Jewish Israeli man blows the Shofar at the Western Wall, Jerusalem
National liberation[edit]
During the Ottoman and the British rule of Jerusalem, Jews were not allowed to sound the shofar at the Western Wall. After the Six Day War, Rabbi Shlomo Goren famously approached the Wall and sounded the shofar. This fact inspired Naomi Shemer to add an additional line to her song Jerusalem of Gold, saying: "a shofar calls out from the Temple Mount in the Old City."[41]
Non-religious musical usage[edit]
Shlomo Bar, Entertainment; Shofar blown in Israeli Pop music, 2009.
In pop music, the shofar is used by the Israeli Oriental metal band Salem in their adaptation of "Al Taster" psalm. The late trumpeter Lester Bowie played a shofar with the Art Ensemble of Chicago. In the film version of the musical Godspell, the first act opens with cast member David Haskell blowing the shofar. In his performances, Israeli composer and singer Shlomo Gronich uses the shofar to produce a very wide range of notes.[42] Since 1988 Rome-based American composer Alvin Curran's project Shofar features the shofar as a virtuoso solo instrument and in combination with sets of natural and electronic sounds. Madonna used a shofar played by Yitzhak Sinwani on the Confessions Tour and the album Confessions on a Dance Floor for the song "Isaac", based on Im Nin'alu. In 2003, The Howard Stern Show featured a contest called "Blow The Shofar", which asked callers to correctly identify popular songs played on the shofar. The shofar is sometimes used in Western classical music. Edward Elgar's oratorio The Apostles includes the sound of a shofar blowing, although other instruments, such as the flugelhorn, are usually used instead.
The shofar has been used in a number of films, both as a sound effect and as part of musical underscores. Elmer Bernstein incorporated the shofar into several cues for his score for Cecil B. DeMille's The Ten Commandments; one of the shofar calls recorded by Bernstein was later reused by the sound editors for Return of the Jedi for the Ewoks' horn calls. Jerry Goldsmith's scores to the films Alien and Planet of the Apes also incorporate the shofar in their orchestration.
Celebration and protest[edit]
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The Shofar has been sounded as a sign of victory and celebration on May 8, 1945. Jewish elders were photographed blowing multiple shofars after hearing that the Nazis surrendered. The Shofar has played a major role in the pro-Israel movement and often played in the salute to Israel parade as well as other pro-Israel demonstrations.
See also[edit]
Binding of Isaac
Dung-Dkar
Erkencho
Rosh Hashanah
Shankha
Shofar blowing
Notes[edit]
Jump up ^ "Jewish prayer-book". Cambridge Digital Library. Retrieved 25 September 2014.
Jump up ^ Psalm 81:3 (4)
Jump up ^ Leviticus 25:9
Jump up ^ Leviticus 23:24
Jump up ^ Numbers 29:1
Jump up ^ Joshua 6:4; Judges 3:27; 7:16, 20; 1 Samuel. 8:3
Jump up ^ 2 Samuel 6:15; 1 Chronicles 15:28
Jump up ^ Psalm 98:6; compare Psalm 47:5
Jump up ^ Psalm 150:3
Jump up ^ Sidney B. Hoenig, "Origins of the Rosh Hashanah Liturgy", The Jewish Quarterly Review, New Series, Vol. 57, The Seventy-Fifth Anniversary Volume of the Jewish Quarterly Review (1967), pp. 312–331. • Published by University of Pennsylvania Press. Origins of the Rosh Hashanah Liturgy. Accessed 31 December 2009
Jump up ^ It has been said that when the mashiach comes, the Sephardic community will be ready to anoint him and blow the shofar to announce his arrival. Legend has it there is a tunnel from under the Yohanan Ben Zakkai synagogue that leads directly to the Temple Mount.
Jump up ^ Kitzur Shulchan Aruch 128:2
Jump up ^ Arakhin 11a–b; Shabbos 35
Jump up ^ Shabbos 35
Jump up ^ Kitzur Shulchan Aruch 133:26
Jump up ^ Judith Kaplan Eisenstein, Heritage of Music, New York: UAHC, 1972, pp. 44–45.
Jump up ^ Rosh Hashanah 29b
Jump up ^ Kieval, The High Holy Days, p. 114
Jump up ^ "Anticipation and Consummation: a Perspective on the Shofar" (PDF).
Jump up ^ Mishnah Berurah 587:1–3
Jump up ^ "Fulfilling Mitzvot Through Electronic Hearing Devices", Chaim Jachter and Ezra Frazer, Gray Matter volume 2 pp. 237–244. ISBN 1-933143-10-X
Jump up ^ Mishnah Berurah 590:9
Jump up ^ Shulkhan Arukh 3:72
Jump up ^ Shulchan Aruch, Orach Chaim 589:1–6
Jump up ^ Shulkhan Arukh 3:73
Jump up ^ Rosh Hashanah, 26a
Jump up ^ Mishnah Berurah 586:1
Jump up ^ Navon, Mois (2001). "The Ḥillazon and the Principle of "Muttar be-Fikha"" (PDF). The Torah u-Madda Journal. 10/2001: 142–162. Retrieved 15 June 2016. see pages 147-148 ff.
Jump up ^ Megillah 26b
Jump up ^ Avot 67b
Jump up ^ Elef Hamagen, Rabbi Shemarya Hakreti, edited by Aharon Erand, Jerusalem: Mekitzei Nirdamim, 2003
^ Jump up to: a b Rosh Hashanah 34a
Jump up ^ Mishnah Berurah 590:13
Jump up ^ Mishnah Berurah 590:14
Jump up ^ Kitzur Shulchan Aruch 129:13
Jump up ^ "Shofar-Call to Action". Chabad. Retrieved 6 November 2011.
Jump up ^ Kitzur Shulchan Aruch 129:17, et seq.
Jump up ^ Kitov, Eliyahu. "One Hundred Sounds". Chabad.org. Retrieved 6 November 2011.
Jump up ^ Arthur L. Finkle, Shofar: History, Technique and Jewish Law, (Saarbrücken, Germany: Hadassah Word Press, 2015)
Jump up ^ International Day of Shofar Study
Jump up ^ Jerusalem of Gold Archived 29 November 1999 at the Wayback Machine. accessed 9 December 2008
Jump up ^ The Abraham Fund Initiatives: Press Clips - Crossing the Middle Eastern Tightrope Archived 9 June 2011 at the Wayback Machine.
References[edit]
Arthur L. Finkle, Easy Guide to Shofar Sounding, Los Angeles: Torah Aura, 2003
Hearing Shofar: The Still Small Voice of the Ram's Horn by Michael T. Chusid, a three volume compendium of shofar information.
Further reading[edit]
Arthur l. Finkle, Shofar Sounders Reference Manual at the Wayback Machine (archived 26 October 2009), LA: Torah Aura, 1993
Montagu, Jeremy. 2016. The Shofar: Its History and Usage. Rowman and Littlefield Publishers.
External links[edit]
Media related to Shofars at Wikimedia Commons
Chisholm, Hugh, ed. (1911). "Shofar". Encyclopædia Britannica (11th ed.). Cambridge University Press.
Shulkhan Arukh limited English translation includes Rosh Hashanah chapters 585–590 regarding the shofar.
Shofar sounds several videos with shofar sounds and explanations
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text:
2017 Major League Baseball All-Star Game
From Wikipedia, the free encyclopedia
Jump to: navigation, search
2017 Major League Baseball All-Star Game
1
2
3
4
5
6
7
8
9
10
R
H
E
American League 0 0 0 0 1 0 0 0 0 1 2 10 0
National League 0 0 0 0 0 1 0 0 0 0 1 7 0
Date
July 11, 2017
Venue
Marlins Park
City
Miami, Florida
Managers
Brad Mills[a] (CLE)
Joe Maddon (CHC)
MVP
Robinson Canó (SEA)
Attendance
37,188
First pitch
Roberto Alomar, Rod Carew, Orlando Cepeda, Pedro Martínez, Tony Pérez, Iván Rodríguez
Television
Fox
TV announcers
Joe Buck, John Smoltz, Ken Rosenthal and Tom Verducci
Radio
ESPN
Radio announcers
Jon Sciambi and Chris Singleton
← 2016
Major League Baseball All-Star Game
2018 →
The 2017 Major League Baseball All-Star Game was the 88th edition of the Major League Baseball All Star Game. The game was hosted by the Miami Marlins and was played at Marlins Park on July 11, 2017. It was televised nationally by Fox. The game was the first since 2002 whose outcome did not determine home-field advantage for the World Series; instead, the team with the better regular-season record will have home-field advantage. The Marlins were announced as the hosts on February 10, 2015, by Major League Baseball Commissioner Rob Manfred; the game was the Marlins' first time hosting, leaving the Tampa Bay Rays as the only MLB franchise not to have hosted an All-Star game.
The American League won, 2–1, in 10 innings. Robinson Canó, second baseman for the Seattle Mariners, hit the game winning home run for the American League and was named the 2017 All-Star Game Most Valuable Player.
Contents
[hide]
1 Fan balloting
1.1 Starters
1.2 Final roster spot
2 Rosters
2.1 American League
2.2 National League
2.2.1 Roster notes
3 Game summary
3.1 Starting lineup
3.2 Line score
4 Ratings
5 See also
6 Notes
7 References
8 External links
Fan balloting[edit]
Starters[edit]
Balloting for the 2017 All-Star Game starters began online May 1 and ended on June 29. The top vote-getters at each position (including the designated hitter for the American League) and the top three among outfielders, would be starters for their respective leagues.[2] The results were announced on July 2. Bryce Harper was the leading vote-getter with 4,630,306 votes.[3]
Final roster spot[edit]
After the rosters were finalized, a second ballot of five players per league was created for the All-Star Final Vote to determine the 33rd and final player of each roster. The online balloting was conducted from July 2 through July 6. The winners of the All-Star Final Vote were Mike Moustakas of the American League's Kansas City Royals and Justin Turner of the National League's Los Angeles Dodgers.[4][5]
American League
Player
Team
Pos.
Elvis Andrus
Rangers Shortstop
Xander Bogaerts
Red Sox Shortstop
Didi Gregorius
Yankees Shortstop
Logan Morrison
Rays First baseman
Mike Moustakas
Royals Third baseman
National League
Player
Team
Pos.
Justin Bour
Marlins First baseman
Kris Bryant
Cubs Third baseman
Anthony Rendon
Nationals Third baseman
Mark Reynolds
Rockies First baseman
Justin Turner
Dodgers Third baseman
Rosters[edit]
American League[edit]
Elected starters
Position
Player
Team
All-Star Games
C
Pérez, SalvadorSalvador Pérez
Royals 5
1B
Smoak, JustinJustin Smoak
Blue Jays 1
2B
Altuve, JoséJosé Altuve
Astros 5
3B
Ramírez, JoséJosé Ramírez
Indians 1
SS
Correa, CarlosCarlos Correa
Astros 1
OF
Trout, MikeMike Trout #
Angels 6
OF
Judge, AaronAaron Judge
Yankees 1
OF
Springer, GeorgeGeorge Springer
Astros 1
DH
Dickerson, CoreyCorey Dickerson
Rays 1
Reserves
Position
Player
Team
All-Star Games
C
Sánchez, GaryGary Sánchez
Yankees 1
1B
Alonso, YonderYonder Alonso
Athletics 1
2B
Canó, RobinsonRobinson Canó [E]
Mariners 8
2B
Castro, StarlinStarlin Castro #
Yankees 4
2B
Schoop, JonathanJonathan Schoop
Orioles 1
3B
Moustakas, MikeMike Moustakas
Royals 2
3B
Sanó, MiguelMiguel Sanó
Twins 1
SS
Lindor, FranciscoFrancisco Lindor
Indians 2
OF
Betts, MookieMookie Betts [A]
Red Sox 2
OF
Brantley, MichaelMichael Brantley
Indians 2
OF
García, AvisailAvisail García
White Sox 1
OF
Upton, JustinJustin Upton [B]
Tigers 4
DH
Cruz, NelsonNelson Cruz
Mariners 5
Pitchers
Player
Team
All-Star Games
Archer, ChrisChris Archer [G]
Rays 2
Betances, DellinDellin Betances
Yankees 4
Darvish, YuYu Darvish #
Rangers 4
Devenski, ChrisChris Devenski [C]
Astros 1
Fulmer, MichaelMichael Fulmer #
Tigers 1
Keuchel, DallasDallas Keuchel #
Astros 2
Kimbrel, CraigCraig Kimbrel
Red Sox 6
Kintzler, BrandonBrandon Kintzler [H]
Twins 1
Kluber, CoreyCorey Kluber #
Indians 2
McCullers Jr., LanceLance McCullers Jr.
Astros 1
Miller, AndrewAndrew Miller
Indians 2
Osuna, RobertoRoberto Osuna [F]
Blue Jays 1
Sale, ChrisChris Sale
Red Sox 6
Santana, ErvinErvin Santana
Twins 2
Severino, LuisLuis Severino
Yankees 1
Vargas, JasonJason Vargas
Royals 1
National League[edit]
Elected starters
Position
Player
Team
All-Star Games
C
Posey, BusterBuster Posey
Giants 5
1B
Zimmerman, RyanRyan Zimmerman
Nationals 2
2B
Murphy, DanielDaniel Murphy
Nationals 3
3B
Arenado, NolanNolan Arenado
Rockies 3
SS
Cozart, ZackZack Cozart
Reds 1
OF
Blackmon, CharlieCharlie Blackmon
Rockies 2
OF
Harper, BryceBryce Harper
Nationals 5
OF
Ozuna, MarcellMarcell Ozuna
Marlins 2
Reserves
Position
Player
Team
All-Star Games
C
Molina, YadierYadier Molina
Cardinals 8
1B
Goldschmidt, PaulPaul Goldschmidt
Diamondbacks 5
1B
Votto, JoeyJoey Votto
Reds 5
2B
Harrison, JoshJosh Harrison
Pirates 2
2B
LeMahieu, DJDJ LeMahieu
Rockies 2
3B
Lamb, JakeJake Lamb
Diamondbacks 1
3B
Turner, JustinJustin Turner
Dodgers 1
SS
Seager, CoreyCorey Seager
Dodgers 2
OF
Bellinger, CodyCody Bellinger
Dodgers 1
OF
Conforto, MichaelMichael Conforto
Mets 1
OF
Inciarte, EnderEnder Inciarte
Braves 1
OF
Stanton, GiancarloGiancarlo Stanton
Marlins 4
Pitchers
Player
Team
All-Star Games
Davis, WadeWade Davis
Cubs 3
Greinke, ZackZack Greinke
Diamondbacks 4
Hand, BradBrad Hand
Padres 1
Holland, GregGreg Holland
Rockies 3
Jansen, KenleyKenley Jansen
Dodgers 2
Kershaw, ClaytonClayton Kershaw #
Dodgers 7
Knebel, CoreyCorey Knebel
Brewers 1
Martínez, CarlosCarlos Martínez
Cardinals 2
Neshek, PatPat Neshek
Phillies 2
Ray, RobbieRobbie Ray
Diamondbacks 1
Scherzer, MaxMax Scherzer
Nationals 5
Strasburg, StephenStephen Strasburg
Nationals 3
Wood, AlexAlex Wood [D]
Dodgers 1
Roster notes[edit]
^ Mookie Betts was named starter in place of Mike Trout due to injury.
^ Justin Upton was named as the roster replacement for Mike Trout due to injury.
^ Chris Devenski was named as the roster replacement for Dallas Keuchel due to injury.
^ Alex Wood was named as the roster replacement for Clayton Kershaw due to Kershaw starting on Sunday.
^ Robinson Canó was named as the roster replacement for Starlin Castro due to injury.
^ Roberto Osuna was named as the roster replacement for Yu Darvish due to Darvish starting on Sunday.
^ Chris Archer was named as the roster replacement for Michael Fulmer due to Fulmer starting on Sunday.
^ Brandon Kintzler was named as the roster replacement for Corey Kluber due to Kluber starting on Sunday.
#: Indicates player would not play (replaced as per reference notes above).
Game summary[edit]
The game was mostly pitching-dominated through the first four innings. After a two-out double by Jonathan Schoop, Miguel Sanó finally got the AL on the board with his fifth inning RBI bloop single. In the bottom of the sixth, Yadier Molina became the oldest catcher to hit a home run in an All-Star game, when he hit one off Ervin Santana in the sixth inning, tying the game at one. Reggie Smith was the last Cardinal to hit an All-Star Game home run in the 1974 game.[6] Robinson Canó hit the game-winning home run in the tenth inning off Wade Davis, and was named the All-Star Game Most Valuable Player. He is the first second baseman since 1998 who was named All-Star Game MVP.[7][8] Andrew Miller struck out Cody Bellinger swinging to end the night and earned his first career All-Star save.[9]
Starting lineup[edit]
American
Order
Player
Team
Position
1
Altuve, JoséJosé Altuve
Astros 2B
2
Ramírez, JoséJosé Ramírez
Indians 3B
3
Judge, AaronAaron Judge
Yankees RF
4
Springer, GeorgeGeorge Springer
Astros LF
5
Correa, CarlosCarlos Correa
Astros SS
6
Smoak, JustinJustin Smoak
Blue Jays 1B
7
Dickerson, CoreyCorey Dickerson
Rays DH
8
Pérez, SalvadorSalvador Pérez
Royals C
9
Betts, MookieMookie Betts
Red Sox CF
Sale, ChrisChris Sale
Red Sox P
National
Order
Player
Team
Position
1
Blackmon, CharlieCharlie Blackmon
Rockies CF
2
Stanton, GiancarloGiancarlo Stanton
Marlins DH
3
Harper, BryceBryce Harper
Nationals RF
4
Posey, BusterBuster Posey
Giants C
5
Murphy, DanielDaniel Murphy
Nationals 2B
6
Arenado, NolanNolan Arenado
Rockies 3B
7
Zimmerman, RyanRyan Zimmerman
Nationals 1B
8
Ozuna, MarcellMarcell Ozuna
Marlins LF
9
Cozart, ZackZack Cozart
Reds SS
Scherzer, MaxMax Scherzer
Nationals P
Line score[edit]
Tuesday, July 11, 2017 8:22 pm (EDT)
Marlins Park in Miami, Florida
Team
1
2
3
4
5
6
7
8
9
10
R
H
E
American League 0 0 0 0 1 0 0 0 0 1 2 10 0
National League 0 0 0 0 0 1 0 0 0 0 1 7 0
Starting pitchers:
AL: Chris Sale
NL: Max Scherzer
WP: Craig Kimbrel (1–0) LP: Wade Davis (0–1) Sv: Andrew Miller (1)
Home runs:
AL: Robinson Canó (1)
NL: Yadier Molina (1)
Umpires: Home Plate – Joe West (crew chief); First Base – Angel Hernandez; Second Base – Mark Carlson; Third Base – Chris Conroy; Left Field – Manny Gonzalez; Right Field – Mike Estabrook; Replay Official – Doug Eddings [10]
Weather: 73 °F (23 °C), roof closed.
First pitch: 8:22pm EDT
Time of Game: 3:16
Attendance: 37,188
Ratings[edit]
The viewership ratings for the game on FOX were up slightly following the previous year's all-time low, with a 5.5 national rating, an 11 share, and an estimated 9.28 million viewers.[11]
See also[edit]
Baseball portal
List of Major League Baseball All-Star Games
Major League Baseball All-Star Game Most Valuable Player Award
All-Star Futures Game
Home Run Derby
Notes[edit]
Jump up ^ Mills, the Indians' bench coach, replaced Terry Francona as the American League's manager after Francona underwent a catheter ablation to correct an irregular heartbeat.[1]
References[edit]
Jump up ^ Withers, Tom (July 7, 2017). "Indians’ Francona has heart procedure, out of All-Star Game". Associated Press. Cleveland: AP News. Associated Press. Retrieved July 8, 2017.
Jump up ^ "All-Star Game Ballot - With rules / instructions". MLB.com. Retrieved May 9, 2016.
Jump up ^ Miller, Doug (July 3, 2017). "Miami, here we come: ASG rosters unveiled". MLB.com. MLB Advanced Media. Retrieved July 3, 2017.
Jump up ^ Newman, Mark (July 7, 2017). "Moose, Turner capture All-Star Final Vote". MLB.com. Miami: MLB Advanced Media. Retrieved July 7, 2017.
Jump up ^ Latimer, Jolene (July 8, 2017). "Turner, Moustakas used teamwork to win All-Star final vote". Associated Press. Los Angeles: AP News. Associated Press. Retrieved July 8, 2017.
Jump up ^ Langosch, Jenifer. "Molina homers in memorable All-Star night". MLB.com. MLB Advanced Media. Retrieved July 13, 2017.
Jump up ^ Frisaro, Joe. "Don't ya know! Cano powers AL in extras". MLB.com. MLB Advanced Media. Retrieved July 11, 2017.
Jump up ^ DeNicola, Christina. "Cano hits decisive home run, named MVP". MLB.com. MLB Advanced Media. Retrieved July 11, 2017.
Jump up ^ "Cano 10th-inning homer gives AL 2-1 All-Star win". ESPN. 11 July 2017. Retrieved 17 July 2017.
Jump up ^ Perez, A.J. (July 6, 2017). "Umpire Angel Hernandez, who's suing MLB for alleged discrimination, to work All-Star Game". USA Today. Gannett Company. Retrieved July 6, 2017.
Jump up ^ "2017 All-Star Game". Baseball-Reference.com. Retrieved July 13, 2017.
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United States free speech exceptions
From Wikipedia, the free encyclopedia
Jump to: navigation, search
The Bill of Rights in the National Archives
Exceptions to free speech in the United States are limitations on the First Amendment's guarantee of free speech and expression as recognized by the United States Supreme Court. These exceptions have been created over time, based on certain types of speech and expression, and under different contexts. While freedom of speech in the United States is a right protected by the constitution, these exceptions make that right a limited one.
Restrictions that are based on people's reactions to words include both instances of a complete exception, and cases of diminished protection. Commercial advertising receives diminished, but not eliminated, protection.
Along with communicative restrictions, less protection is afforded for uninhibited speech when the government acts as subsidizer or speaker, is an employer, controls education, or regulates the mail, airwaves, legal bar, military, prisons, and immigration.
Contents
[hide]
1 Communicative impact restrictions
1.1 Incitement
1.1.1 Incitement to suicide
2 False statements of fact
3 Obscenity
4 Child pornography
5 Fighting words and offensive speech
6 Speech owned by others
7 Commercial speech
8 Restrictions based on special capacity of Government
8.1 Government as Employer
8.2 Government as Regulator of the Airwaves
8.3 Government as Educator
8.4 Government as Subsidizer/Speaker
8.5 Government as Regulator of the Bar
8.6 Government as Controller of the Military
8.7 Government as Prison Warden
8.8 Government as Regulator of Immigration
9 See also
10 Notes
11 References
12 External links
Communicative impact restrictions[edit]
Incitement[edit]
The Supreme Court has held that "advocacy of the use of force" is unprotected when it is "directed to inciting or producing imminent lawless action" and is "likely to incite or produce such action".[1][2] In Brandenburg v. Ohio (1969), the Supreme Court unanimously reversed the conviction of a Ku Klux Klan group for "advocating ... violence ... as a means of accomplishing political reform" because their statements at a rally did not express an immediate, or imminent intent to do violence.[3] This rule amended a previous decision of the Court, in Schenck v. United States (1919), which simply decided that a "clear and present danger" could justify a congressional rule limiting speech. The primary distinction is that the latter test does not criminalize "mere advocacy".[4]
Incitement to suicide[edit]
In 2017, a juvenile court in Massachusetts ruled that repeatedly encouraging someone to commit suicide was excluded from First Amendment protection,[5] and found a 20-year-old woman, who was 17 at the time, guilty of manslaughter on this basis.[6] The judge cited a little-known 1816 precedent.[7] The woman is expected to file an appeal.[6]
False statements of fact[edit]
Main article: False statements of fact
In Gertz v. Robert Welch, Inc. (1974), the Supreme Court decided that there is "no constitutional value in false statements of fact".[8] However, this is not a concrete rule as the Court has struggled with how much of the "speech that matters" can be put at risk in order to punish a falsehood.[9]
The Supreme Court has established a complex framework in determining which types of false statements are unprotected.[10] There are four such areas which the Court has been explicit about. First, false statements of fact that are said with a "sufficiently culpable mental state" can be subject to civil or criminal liability.[11] Secondly, knowingly making a false statement of fact can almost always be punished. For example, libel and slander law are permitted under this category. Third, negligently false statements of fact may lead to civil liability in some instances.[12] Additionally, some implicit statements of fact—those that may just have a "false factual connotation"—still could fall under this exception.[13][14]
There is also a fifth category of analysis. It is possible that some completely false statements could be entirely free from punishment. The Supreme Court held in the landmark case New York Times v. Sullivan (1964) that lies about the government may be protected completely.[15] However, this category is not entirely clear, as the question of whether false historical or medical claims are protected is still disputed.[16]
Obscenity[edit]
Main article: Miller v. California
Under the Miller test (which takes its name from Miller v. California), speech is unprotected if (1) "the average person, applying contemporary community standards, would find that the [subject or work in question], taken as a whole, appeals to the prurient interest" and (2) "depicts or describes, in a patently offensive way, contemporary community standards,[17] sexual conduct defined by the applicable state law" and (3) "the work, taken as a whole, lacks serious literary, artistic, political, or scientific value".[18] Some subsidiary components of this rule may permit private possession of obscene materials at one's home.[19] Additionally, the phrase "appeals to the prurient interest" is limited to appeals to a "shameful or morbid interest in sex".[20][21]
The Court has also held that a person may only be punished if he knows the actual "contents of the material".[22] In Smith v. California (1959), the Supreme Court thus gave a defense of "reasonable ignorance" to an obscenity charge. The basis for this exception is that justices have believed that obscenity has a "tendency to exert a corrupting and debasing impact leading to antisocial behavior".[23][24]
Child pornography[edit]
Main article: New York v. Ferber
The exception for child pornography is distinct from the obscenity exception in a few ways. Firstly, the rule is much more specific to what falls under the exception. Secondly, it is irrelevant whether any part of the speech meets the Miller test; if it is classified under the child pornography exception at all, it becomes unprotected.[25] The rule provides that speech is unprotected if it (1) "visually depicts" children below the age of majority (2) "performing sexual acts or lewdly exhibiting their genitals".[26] Unlike the rules for simple obscenity, private possession of child pornography "may be outlawed".[27]
While this exception is very concrete, it is also limited. It does not apply to pornography that people think is harmful when shown to children,[28] or pornography that urges viewers to harm children.[29]
Fighting words and offensive speech[edit]
Main article: Fighting words
A Westboro Baptist Church protest was the subject of an "offensive speech" Supreme Court case in Snyder v. Phelps (2010)
In Chaplinsky v. New Hampshire (1942), the Supreme Court held that speech is unprotected if it constitutes "fighting words".[30] Fighting words, as defined by the Court, is speech that "tend[s] to incite an immediate breach of the peace" by provoking a fight, so long as it is a "personally abusive [word] which, when addressed to the ordinary citizen, is, as a matter of common knowledge, inherently likely to provoke a violent reaction".[31] Additionally, such speech must be "directed to the person of the hearer" and is "thus likely to be seen as a 'direct personal insult'".[32][33]
One legal commentator has suggested that, along with fighting words, speech might be unprotected if the speaker intentionally, knowingly, or recklessly inflicts severe emotional distress.[34] However, the United States Supreme Court has not implemented such an exception, and even if it does, the exception would probably be limited to private figures. The Court held in Hustler v. Falwell (1988) that satire which could be seen as offensive to a "public figure" is fully protected.[35] Such speech is rooted in a historical protection of political satire.[36] A notable example of a case involving offensive speech was the Court's decision in Texas v. Johnson (1989), which struck down a law criminalizing flag burning in Texas.[37]
Threats of violence that are directed at a person or group of persons that has the intent of placing the target at risk of bodily harm or death are generally unprotected.[38] However, there are several exceptions. For example, the Supreme Court has held that "threats may not be punished if a reasonable person would understand them as obvious hyperbole", he writes.[39][40] Additionally, threats of "social ostracism" and of "politically motivated boycotts" are constitutionally protected.[41] However, sometimes even political speech can be a threat, and thus becomes unprotected.[42]
Speech owned by others[edit]
Main article: Harper & Row v. Nation Enterprises
Another class of permissible restrictions on speech is based on intellectual property rights.[43] Things like copyrights or trademarks fall under this exception. The Supreme Court first held this in Harper & Row v. Nation Enterprises (1985), where copyright law was upheld against a First Amendment free speech challenge.[44] Also, broadcasting rights for shows are not an infringement of free speech rights.[45] The Court has upheld such restrictions as an incentive for artists in the 'speech marketplace'.[46]
Commercial speech[edit]
Main article: Commercial speech
Commercial speech occupies a unique role as a free speech exception. While there is no complete exception, legal advocates recognize it as having "diminished protection".[47] For example, false advertising can be punished and misleading advertising may be prohibited.[48] Commercial advertising may be restricted in ways that other speech can't if a substantial governmental interest is advanced, and that restriction supports that interest as well as not being overly broad.[49] This doctrine of limited protection for advertisements is due to a balancing inherent in the policy explanations for the rule, namely that other types of speech (for example, political) are much more important.[50]
Restrictions based on special capacity of Government[edit]
Government as Employer[edit]
The government is not permitted to fire an employee based on the employee's speech if either the speech is on a matter of public concern, the speech is not said as part of that employee's job duties,[51] or the damage caused by the speech is outweighed by the value of the speech to the employee and public.[52][53] Specifically, speech is "treated as a matter of public concern" by reference to the "content, form, and context of a given statement".[54] The exception with regards to balancing the harm of a statement and the value of the statement (the Pickering test) is done by considering the degree to which the speech either interferes with close working relationships, disrupts the office, or even has the potential to do either.[55]
Government as Regulator of the Airwaves[edit]
Regulations of speech on broadcast radio and television are permissible when they are (1) narrowly tailored and (2) further a substantial government interest.[56] Interests that have been found "substantial" include shielding listeners from supposedly offensive ideas and shielding children from offensive expression. The Supreme Court has limited these rules to traditional broadcasting, refusing an attempt to apply this to the internet.[57]
Government as Educator[edit]
Further information: Freedom of speech in the United States § Student speech
When the Government acts as a kindergarten through twelfth grade educator, they are allowed to restrict speech in certain instances. The Supreme Court ruled in Tinker v. Des Moines School Dist. (1969) that only when speech "materially and substantially interferes with the requirements of appropriate discipline in the operation of the school".[58] Later court decisions added more situations where restrictions were possible, including student speech about drugs,[59] "vulgar and offensive" language,[60] and school-operated newspapers.[61] The primary basis for the educator-distinction is based on the concept of in loco parentis, the principle that the school functions as parents over the students, thus allowing broader discretion in limiting student speech and expression.[62]
Government as Subsidizer/Speaker[edit]
The most complex special capacity of the government is when it functions, in one way or another, as the Subsidizer of the speech in question.[63] As a general rule, the government can itself say whatever it wants to, even if this "favors one viewpoint over another".[64] But, the government may not impose conditions on how subsidy recipients spend money they get from other sources.[65] If the government is using the speakers to express its own message, it is constitutional.[66] But this analysis changes if the government is trying to encourage a "diversity of private views indiscriminately". If it is indiscriminate, then under Legal Services Corp. v. Velazquez (2001), the government must be acting in a viewpoint-neutral way. However, if the government is basing some judgment of "quality" on the views, then only "invidious viewpoint discrimination" is barred.[67]
Government as Regulator of the Bar[edit]
The basic principle behind government's regulation of the bar has greater power to regulate the speech of lawyers.[68] A balancing test is employed when the Court considers attorney speech. This test weighs the "interest against the State's legitimate interest in regulating the activity in question [with] the interests of the attorney".[69] Thus, while commercial advertising by lawyers is generally protected, rules of professional conduct and ethical guidelines are still permitted.[70]
Government as Controller of the Military[edit]
With respect to the United States Military, the federal government has extremely broad power to restrict the speech of military officers, even if such a restriction would be invalid with a civilian. The Supreme Court affirmed this principle in Parker v. Levy (1974) when the Court held the military was essentially a "specialized society from civilian society", which necessitated stricter guidelines.[71] Since Parker, there have been few cases to issue more specific limits on the government's control of military expression.
Government as Prison Warden[edit]
When the government acts as controller of prisons, it has broad abilities to limit the free speech of inmates. Essentially any restriction that is "reasonably related to legitimate penological interests" is valid.[72] This broad power also extends to pretrial detainees and even convicts who are on probation or parole.[73] The only limit recognized by the Court is that the prison must provide an "alternate means of exercising that right" of speech, an alternate channel, that still allows legitimate speech to be expressed.
Government as Regulator of Immigration[edit]
The government may not criminally punish immigrants based on speech that would be protected if said by a citizen.[74] On entry across borders, the government may bar non-citizens from the United States based on their speech, even if that speech would have been protected if said by a citizen.[75] Speech rules as to deportation, on the other hand, are unclear.[76] Lower courts are divided on the question, while the leading cases on the subject are from the Red Scare.
See also[edit]
Freedom of the press in the United States § Notable exceptions
Gag orders in the United States
Prior restraint
Virginia v. Black
List of landmark Free Speech cases
Notes[edit]
Jump up ^ Brandenburg v. Ohio, 395 U.S. 444 (1969).
Jump up ^ Volokh 2008, p. 3
Jump up ^ Volokh 2008, p. 5
Jump up ^ Volokh 2008, p. 7
Jump up ^ "Woman on trial for texts 'driving boyfriend to suicide'". BBC. 7 June 2017. Retrieved 18 June 2017.
^ Jump up to: a b Seelye, Katharine; Bidgood, Jess (16 June 2017). "Guilty Verdict for Young Woman Who Urged Friend to Kill Himself". New York Times. Retrieved 17 June 2017.
Jump up ^ McGovern, Bob (16 June 2017). "Michelle Carter found guilty in landmark texting suicide case". Boston Herald. Retrieved 18 June 2017.
Jump up ^ Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974).
Jump up ^ Volokh 2008, p. 55
Jump up ^ Volokh 2008, pp. 55–56
Jump up ^ Volokh 2008, p. 56
Jump up ^ Dun & Bradstreet v. Greenmoss Builders, 472 U.S. 749 (1985).
Jump up ^ Volokh 2008, p. 57
Jump up ^ Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990).
Jump up ^ Volokh 2008, p. 61
Jump up ^ Volokh 2008, p. 188
Jump up ^ Smith v. United States, 431 U.S. 291 (1977).
Jump up ^ Volokh 2008, p. 112
Jump up ^ Stanley v. Georgia, 394 U.S. 557 (1969).
Jump up ^ Volokh 2008, p. 113
Jump up ^ Brockett v. Spokane Arcades, Inc., 472 U.S. 491 (1985).
Jump up ^ Smith v. California, 361 U.S. 147 (1959).
Jump up ^ Volokh 2008, p. 114
Jump up ^ Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973).
Jump up ^ Cohen 2009, p. 2
Jump up ^ New York v. Ferber, 458 U.S. 747 (1982).
Jump up ^ Osborne v. Ohio, 495 U.S. 103 (1990).
Jump up ^ Cohen 2009, p. 13
Jump up ^ Volokh 2008, pp. 128–129
Jump up ^ Chaplinsky v. New Hampshire, 315 U.S. 568 (1942).
Jump up ^ Cohen v. California, 403 U.S. 15 (1971).
Jump up ^ Volokh 2008, p. 143
Jump up ^ Camp 2005, p. 7
Jump up ^ Volokh 2008, p. 144
Jump up ^ Hustler v. Falwell, 485 U.S. 46 (1988).
Jump up ^ Cohen 2009, p. 12
Jump up ^ Texas v. Johnson, 491 U.S. 397 (1989).
Jump up ^ Virginia v. Black, 538 U.S. 343 (2003).
Jump up ^ Watts v. United States, 394 U.S. 705 (1969).
Jump up ^ Volokh 2008, p. 166
Jump up ^ NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982).
Jump up ^ Volokh 2008, p. 167
Jump up ^ Volokh 2008, p. 179
Jump up ^ Harper & Row v. Nation Enterprises, 471 U.S. 549 (1985).
Jump up ^ Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977).
Jump up ^ Volokh 2008, p. 180
Jump up ^ Cohen 2009, p. 6
Jump up ^ Peel v. Attorney Reg. & Discip. Comm'n, 496 U.S. 91 (1990).
Jump up ^ Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980).
Jump up ^ Cohen 2009, p. 7
Jump up ^ Garcetti v. Ceballos, 547 U.S. 410 (2006)
Jump up ^ Connick v. Myers, 461 U.S. 138 (1983)
Jump up ^ Volokh 2008, p. 361
Jump up ^ Volokh 2008, pp. 361–362
Jump up ^ Pickering v. Board of Education, 391 U.S. 563 (1968).
Jump up ^ Volokh 2008, p. 460
Jump up ^ Reno v. ACLU, 521 U.S. 844 (1997).
Jump up ^ Tinker v. Des Moines School Dist., 393 U.S. 503 (1969).
Jump up ^ Morse v. Frederick, 127 S. Ct. 2618 (2007).
Jump up ^ Bethel School Dist. No. 403 v. Fraser, 478 U.S. 675 (1968).
Jump up ^ Hazelwood School Dist. v. Kuhlmeier, 484 U.S. 260 (1988).
Jump up ^ Camp 2005, p. 4
Jump up ^ Johnson 2001, p. 353
Jump up ^ Volokh 2008, p. 410
Jump up ^ Johnson 2001, p. 354
Jump up ^ Rust v. Sullivan, 500 U.S. 173 (1991).
Jump up ^ Volokh 2008, p. 412
Jump up ^ Volokh 2008, p. 476
Jump up ^ Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991).
Jump up ^ United States District Court v. Sandlin 12 F.3d 861, 867 (9th Cir. 1993)
Jump up ^ Parker v. Levy, 417 U.S. 733 (1974).
Jump up ^ Thornburgh v. Abbott, 490 U.S. 401 (1989).
Jump up ^ Volokh 2008, p. 490
Jump up ^ Bridges v. Wixon, 326 U.S. 135, 148 (1945).
Jump up ^ Kleindienst v. Mandel, 408 U.S. 753 (1972).
Jump up ^ Volokh 2008, p. 498
References[edit]
Camp, Julie Van (2005). "First Amendment". Professor of Philosophy. California State University, Long Beach. Retrieved 1 January 2012.
Cohen, Henry (16 October 2009). "Freedom of Speech and Press: Exceptions to the First Amendment" (PDF). Legislative Attorney. Congressional Research Service. Retrieved 1 January 2012.
Johnson, Jay (2001). "Note: The Interaction Between Statutory and Constitutional Arguments in Legal Services Corp. v. Velazquez". Journal of Law and Politics. 17 (1): 353–372.
Volokh, Eugene (2008). First Amendment and Related Statutes: Problems, Cases and Policy Arguments (3rd ed.). Foundation Press (published 12 May 2008). ISBN 978-1-59941-338-9.
External links[edit]
List of notable Free Speech cases before United States Supreme Court
Annotated First Amendment from FindLaw
Retrieved from "https://en.wikipedia.org/w/index.php?title=United_States_free_speech_exceptions&oldid=835531022"
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