A Quote by Anthony Kennedy
A law imposing criminal penalties on protected speech is a stark example of speech suppression.
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If the Government is going to intrude upon the sacred ground of the First Amendment and tell its citizens that their exercise of protected speech could land them in jail, the law imposing such a penalty must clearly define the prohibited speech not only for the potential offender but also for the potential enforcer.
Advocates of 'free speech' often repeat the mantra that the best response to bad speech is more and better speech, not the suppression of the bad stuff.
My company has no intention of deleting constitutionally protected hate speech. I feel the remedy for this type of speech is counter speech, and I'm certain that this is the view of the American justice system.
Speech is protected in the U.S., and at the risk of repeating a hackneyed aphorism, free speech is worthless unless it applies to offensive speech. It is an American value, and one well worth protecting.
My feeling is that the Supreme Court reached a reasonable standard of protection of speech in the 1960s, a standard higher than any other country in the world, to my knowledge. In brief, speech should be protected up to participation in imminent criminal action.
In the U.S., free speech and the press are protected by the First Amendment. It has a clarity unmatched by modern legislators and declares that 'Congress shall make no law... abridging the freedom of speech, or the press.'
The intelligent defense of free speech should not rest on the notion that we must tolerate every form of speech, no matter how offensive. It's that we should lean toward greater tolerance for speech we dislike, and reserve our harshest penalties only for the worst offenders.
Speech within the kingdom of Amazonia - run by its sovereign Jeff Bezos and his board of directors with help from the wise counsel and judgment of the company's executives - is not protected in the same way that speech is constitutionally protected in America's public spaces.
It's always easy to get people to condemn threats to free speech when the speech being threatened is speech that they like. It's much more difficult to induce support for free speech rights when the speech being punished is speech they find repellent.
Active liberty is particularly at risk when law restricts speech directly related to the shaping of public opinion, for example, speech that takes place in areas related to politics and policy-making by elected officials. That special risk justifies especially strong pro-speech judicial presumptions. It also justifies careful review whenever the speech in question seeks to shape public opinion, particularly if that opinion in turn will affect the political process and the kind of society in which we live.
Products are a form of speech, and free speech must be fiercely protected, even if we disagree with some of the voices.
While even pornography is protected as free speech, the courts have consciously undermined religious speech and freedom of religion for years.
In most Western democracies, you do have the freedom of speech. But freedom of speech is not an entitlement to reach. You are free to say what you want, within the confines of hate speech, libel law and so on. But you are not entitled to have your voice artificially amplified by technology.
New York Times v. Sullivan was about the suppression of speech in the South [during the 1960s]. Today's version of suppression is just another verse of the same song.
If a university official's letter accusing a speaker of having a proclivity to commit speech crimes before she's given the speech - which then leads to Facebook postings demanding that Ann Coulter be hurt, a massive riot and a police-ordered cancellation of the speech - is not hate speech, then there is no such thing as hate speech.
Because of the free speech clause in the First Amendment, which is very clear, "The government shall make no law abridging freedom of speech," and it literally is about political speech. You can say anything you want about politics, a candidate, and the government cannot stop you. And the Democrats hate that.
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