Explore changing Supreme Court perspectives on freedom of speech, the importance of free speech for non-US citizens on college campuses, concept of viewpoint neutrality in free speech, accountability of private universities to First Amendment commitments, and the Supreme Court's decision on donor lists and freedom of association.
The Supreme Court has expanded free speech protections to include hate speech and commercial speech, but maintains an obscenity exception for sexual speech.
Defending free speech is essential, even when the ideas expressed are controversial or loathsome, in order to uphold viewpoint neutrality and protect unpopular or disliked speech.
Deep dives
Expansion of Free Speech Protection
The Supreme Court has increasingly extended the protection of the First Amendment to more topics historically subject to restrictions, such as hate speech and commercial speech.
The Obscenity Exception
Despite the general trend of expanding free speech protections, the Supreme Court has maintained an obscenity exception targeting sexual speech, which was created in 1956 and reaffirmed in 1973.
The Importance of Defending Unpopular Speech
The speaker emphasizes the importance of defending free speech even when the ideas or viewpoints expressed are loathsome or controversial. It is crucial to uphold the principle of viewpoint neutrality and protect speech that is unpopular or disliked, as it safeguards the freedom of speech for all.
The freedom of speech is under constant threat, and broad public support for that freedom has eroded in recent years. Nadine Strossen, in Free Speech: What Everyone Needs to Know, details why that right is worth defending.