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Hate speech is protected speech. The "fire in a theater" argument was forced as the justice was grabbing at straws in an attempt to protect the war effort. He l
by snagglegaggle 7y ago
Hate speech is protected speech. The "fire in a theater" argument was forced as the justice was grabbing at straws in an attempt to protect the war effort. He later admitted it was a poor ruling.
To understand why all speech is protected realize that the first amendment is partly to prevent arguments about which speech is permissible from occurring by allowing all of it. So... by saying "hate speech is not allowed" you are having the argument that was supposed to not be had.
- ebg13 7y ago> Hate speech is protected speech. Protected against the government, but not protected against community ostracization.
- snagglegaggle 7y agoYes, I know, it's been brought up plenty. But keep in mind "hate speech is protected" is not popular in most legal circles (but is kind of accepted with most people I know, and has some major dissenting legal opinions in support of it).