Here, Kennedy expressly stated that "[t]he First Amendment is a limitation on government" power and "[i]ts design is to prevent the government from controlling speech." (16) Kennedy rejected the majority's more wooden view of the public forum doctrine that permitted the government to classify public spaces as nonpublic fora dedicated to nonspeech
If his concern is with nonspeech
related costs, he might well prefer the broader ban, in which case the disadvantaged speaker is still no better off.
Enforcing decorum by muting a citizen commenter risks giving effect to the disfavored "heckler's veto." (125) Where the government's rationale is that a speaker's opprobrious remarks might incite others to misbehave, the constitutionally sounder response is to enforce rules against the audience's nonspeech
In analyzing O'Brien's conduct under the First Amendment, the Court remarked that it could not "accept the view that an apparently limitless variety of conduct can be labeled 'speech' whenever the person engaging in the conduct intends thereby to express an idea." (57) The Court noted that conduct with a "communicative element" may warrant First Amendment protection, but when "'speech' and 'nonspeech
' elements are combined in the same course of conduct, a sufficiently important governmental interest" may permit the State to regulate the activity.
At the brain stem level, children with ADHD have a common processing dysfunction of nonspeech
and speech stimuli .
The spoken speech generally contains nonspeech
sounds, such as pause, cough, and environmental noise, which enhances difficulties in the traditional recognition system.
Shamma, "Discrimination of speech from nonspeech
based on multiscale spectrotemporal modulations," IEEE Transactions on Audio, Speech and Language Processing, vol.
Exercises are specific patterns of pitches, vowels, consonants, and some nonspeech
sounds that are used to develop technique and to establish or renew the body-mind relationship.
Effect of age on detection of gaps in speech and nonspeech
markers varying in duration and spectral symmetry.
(109) Conduct that incorporates both speech and nonspeech
elements allows for government regulation if the regulation furthers a "sufficiently important governmental interest." (110) Photographs are also generally considered speech for First Amendment purposes, as are books and movies.
at 26 ("The intermediate test, whether the time, place, and manner or the O'Brien version, requires a careful consideration of competing interests through an ad hoc balancing of the harm done to speech as weighed against the importance of the government's nonspeech
The noise power for the SI-SNR calculation was computed using the nonspeech