US: Free Speech – Hate Speech – Limitations On Free Speech

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The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic…. The question in every case is whether the words used … create a clear and present danger” (Justice Holmes in Schenck v. United States, 249 U.S. 47, 52 (1919) [1]

Ben Franklin Freedom of Thought Speech Capitol, AOC gov

Lost in the discussion about unfettered freedom of speech is the 1977 Supreme Court decision, “National Socialist Party of America v. Village of Skokie.” The nationalist party promoted a Nazi and anti-Semitic platform, and despite attempts by Skokie, Illinois, to restrict the group, the court ruled it could march in the predominately Jewish town, north of Chicago. All speech is free speech, the court ruled.

Many people are unaware of that decision, says Howard Gillman, chancellor of the University of California-Irvine, because, “Not a lot…

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