Stuff You Should Know Selects: How Free Speech Works
Sep 18, 2021
Dive into the intricacies of free speech and its legal boundaries, where humor meets serious discussion. Explore historical cases like Schenk v. United States while grappling with the balance between protecting free expression and societal norms. Discover how film, particularly the controversial 'Carnal Knowledge,' intersects with themes of sexuality and obscenity. Light moments blend with deep legal implications as the conversation navigates online protection laws and the unique quirks of language and memory.
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First Amendment and Free Speech
- The First Amendment broadly protects free speech, but it has been interpreted and refined by courts.
- It prevents Congress from making laws abridging freedom of speech, press, assembly, and petition.
Expanding the Definition of Speech
- Free speech is not just spoken words; it includes various forms of expression.
- This broad interpretation protects symbolic acts, written materials, and even the freedom to not speak.
Group Libel and Civil Rights
- The prohibition of "group libel" was used to suppress civil rights activists.
- Ironically, this led to the protection of hate speech as the courts defended activists' right to speak.