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Shouting Fire in a Crowded Theater

Advisory Opinions

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The First Amendment and the Freedom of Speech

First amendment doctrine, as judge newsome in the eleventh circuit is now pointing out on a regular basis, is a hot in a lot of ways. We decide what speech to prote tbased on its value to society and we've decided that obscenity has no particular value to society. And same with threats. You say you licked everything at the grocery store, that's ano. Well, you know. The reason why a true threat isn't protected speech as it was never considered and has never been part of something called the freedom of speech. Is that part of the original public meaning of the constitution? It depends on what was the freedom ofspeech when the constitution was ratified

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