“Not All Speech is Protected”

Orwell quoteIt’s true that not all speech is protected under “freedom of speech”.  It’s an old category of law that has had powerful critics since day one. The exceptions, therefore, are well established.

  1. Fraud
  2. True threats, of which bullying may sometimes be included.
  3. Defamation
  4. Obscenity
  5. Incitement
  6. Speech integral to criminal conduct

According the US supreme court, these are, “‘well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem.’ Chaplinsky v. hatespeech-WNew Hampshire, 315 U. S. 568, 571-572 (1942).”

What is not included in legitimate jurisprudence is “hate speech”, generic bullying or microagressions.

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