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> Free speech is a negative right, which is a limit on government, which in turn means it cannot be infringed and that it has priority over rights of the govern
by comex 7y ago
> Free speech is a negative right, which is a limit on government, which in turn means it cannot be infringed and that it has priority over rights of the government.
However, the rights of others – including the government – are considered when determining the precise meaning and boundaries of "free speech". The courts don't always get this right, but that's what they do. See the usual "fire in a crowded theater" example, which demonstrates not only an appropriate exception to free speech (if taken literally) but also an inappropriate one (if you look at the Supreme Court case it was invented in [1]), both of which were justified by how the speech in question would affect others.
https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...