Comment on When is freedom of speech irresponsible?

When is freedom of speech irresponsible?

Despite the stern admonition that “Congress shall make no law . . . abridging the freedom of speech,” speech has never been absolutely free. Every democracy must identify where the needs of the collective or of injured individuals justify limits on speech. In recent years, courts, legislatures and executive officials have struggled with many difficult First Amendment questions: how to reconcile the right to engage in political campaign advocacy with the principle that democracy should not be for sale; how to maintain a robust and uninhibited exchange on the Internet while deterring bullying, stalking, fraud and threats; how to protect and inform consumers without interfering with the speech rights of business owners; and whether speech and association can be made crimes in the name of countering support for terrorism.

 

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