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The Tension Over Harmful Speeches in the History of the First Amendment
The question of what harm is and how we should count it, I think is in some ways the story of the First Amendment. We want to broadly protect people's ability to say things, but we also recognize that saying things can lead to people getting hurt or jeopardizing national security. So you see these battles over, okay, is this so harmful that we have to make an exclusion or an exception for the protections? Is this kind of speech so much like conduct that it shouldn't even be considered speech at all? It's another kind of a question of who's harms do we actually care about?"