So to Speak: The Free Speech Podcast cover image

So to Speak: The Free Speech Podcast

Ep. 227: Should there be categories of unprotected speech?

Oct 22, 2024
Join Ronnie London, General Counsel at FIRE, and Bob Corn-Revere, Chief Counsel at FIRE, as they dive into the controversial question of unprotected speech. They discuss categories like obscenity, child pornography, and fighting words, evaluating whether these should remain unprotected. The duo also tackles defamation and its implications in high-profile cases. Their debate offers a nuanced perspective on the balance between free speech rights and societal responsibilities, questioning the very nature of what constitutes harmful speech.
01:03:31

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Quick takeaways

  • The podcast argues that the debate around unprotected speech categories raises critical questions about the balance between free expression and societal impact.
  • Historically established exceptions to free speech, like defamation and obscenity, are increasingly scrutinized for their relevance and implications on overall free expression.

Deep dives

The Fundamental Principles of Free Speech

The importance of protecting free speech lies in the belief that conflicts should be resolved through dialogue rather than violence. This philosophy argues that even unpleasant or offensive speech deserves protection, as it contributes to the marketplace of ideas. However, there is an ongoing debate about how to handle speech that might significantly disturb individuals or society. The podcast highlights the tension between preserving freedom of expression and recognizing when speech could cross the line into unprotected categories.

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