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
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.