Archived Sorry, College Kids, There's No Such Thing As Hate Speech (thefederalist.com)
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Archived Sorry, College Kids, There's No Such Thing As Hate Speech (thefederalist.com)
submitted ago by Thisismyvoatusername
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[–] LazarusLong ago
Good article, but it got some things wrong.
Things like "fighting words" and "shouting fire in a theater" are very much protected by the first amendment.
[–] JustFeelsGoodMan 0 points 1 point 1 point (+1|-0) ago
Oh sure there is *nothing stopping you from saying those things, but society punishes those who do after they have done them. Putting a limit on speech a priori, before fact is despicable a notion as thought police and thought crime
[–] 8887217? ago
Kind of.
Fighting words is in Chaplinsky v. New Hampshire
They upheld the conviction and listed the above as items NOT protected by the First Amendment
Fire in a crowded theater is Schenck v. United States
Brandenburg v. Ohio modified that only a little.
Words that cause an action may not be protected in very limited cases, such as falsely yelling fire in a crowded theater.
[–] LazarusLong ago
Both ruling have been severely limited since they were made, and the opinion you quoted is also heavily criticized for not accurately representing the precedent as lewd, obscene, profane, and insult speech is still very much protected.
"Fighting words" at this point are almost entirely limited to credible and imminent direct threats and words accompanying aggressive posturing, sometimes not even that.
This makes sense as the original ruling was one of the most massive fuck ups in the history of the supreme court and could, by its own wording, be applied to any speech deemed by any party to be offensive.
Also, Brandenburg v. Ohio modified the previous precedent to only apply to speech that would cause imminent lawless action.
"Fire" in a crowded theater is currently protected speech.