There Are Limits To Speech, Sorry Guys

Legally, some speech is not protected. Although it is not in the Constitution, it is a precedent just as important as separation of church and state, another practice by the government that is not expressed in the constitution. In Schenck v. United States (1917), Justice Oliver Wendell Holmes stated, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force." It is not free speech for someone to induce panic knowing full well there is no reason because that kind of speech has the capacity to harm the population as a whole.
Likewise, it is not legal to use speech as a weapon. One cannot legally use speech to incite acts of violence or other illegal acts. For example, it would not be legal, or appropriate for me to say, "Go and kill black people on Tuesday." One can also use speech as a weapon against a person's livelihood. This can be tried in civil court. For example, if a student lied and accused a teacher of sexual harrassment, that teacher would be fired. The teacher probably not be able to find any teaching job again and their livelihood would be greatly diminished. If you do not have some sort of deterance for that kind of speech, like "if you lie about me and destroy my life doing so, it's illegal, and i'm going to sue you," every American would fear being destroyed by lies. As far as political speech goes, there are very few limits on that. You can express any viewpoint you want so long as it does not involve inciting people to act violently. Do you think that it is free speech to order people to blow up city buses or to lynch certain groups of people?




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