Re: "I still don't think that wearing a t shirt showing Hitler goose-stepping with a swastika in the background and a rejoicing scene of Jews being marched to the gas chamber would be allowed in public, and much less in school, in the workplace or in church. "<quoted text>
You're right. In a certain manner, yes. But, as I pointed out to Rogue, does the first amendment allow one to wear a t-shirt showing two men, stark naked, frontal nudity, making love on a t-shirt? Your first amendment, like our Constitution that grants free expression, has limits and, as per the bible, as per the constitution, as per law, requires some form of interpretation. I still don't think that wearing a t shirt showing Hitler goose-stepping with a swastika in the background and a rejoicing scene of Jews being marched to the gas chamber would be allowed in public, and much less in school, in the workplace or in church.
It's nice that you and I can disagree civilly. So rare here.
I disagree about a public place. A school presents fine issues about the age of the students who are at that particular school. At a public state university, I disagree, since the students are old enough to absorb the content and deal with it rationally. Workplaces and churches are PRIVATE, and their owners (and churches have legal owners, their trustees) have the right to decide that matter.
So the issue boils down to whether or not it should be allowed in a public place such as a street or public university. And, in my opinion, not only would it be allowed but that it should be allowed, and---as much as I hate Nazis--I think that it should be allowed. It is political speech, and people should have the right to make even shocking and immoral political speeches (unless there is actual danger of violence being caused by the speech and that reasonable and prudent police action cannot protect against that violence---which is where the "no right to cry fire in a public theater analogy comes from).
In principle we should be as far as possible from dictatorial systems, and if that means allowing people to wear Nazi t-shirts in public places, so be it.
But you are quite right that speech is not unfettered. Schools for example would have every right to keep Nazi t-shirts out if kids of 4 or 8 or 12 or 16-years old are involved. Courts have to make such fine distinctions. Or, they may have to decide whether or not there was real danger of a riot. But in principle even shocking and immoral political speech should be allowed.
Pornography is different. There is no right to wear a t-shirt depicting the sex act CURRENTLY, but there may well be in 50 or 100 years.