Speech

The subject of free speech is in the news and people are talking about the issue which is a good sign. The first test of free speech came in 1919 in the case of Schneck vs US where Justice Holmes argued speech could only be punished if it presented,"a clear and present danger" of imminent harm. Mere political advocacy was protected by the First Amendment. In subsequent rulings a few narrow categories of speech were not protected from government restrictions. These include incitement, defamation, fraud, obscenity, child pornography, fighting words and threats. Even in these conditions if the government censors the case can go to court for a final decision. The reason the courts sometimes get involved is to interpret each incident. Take the issue of fighting words. The Supreme Court first defined fighting words in Chaplinsky v New Hampshire (1942) as words which by their very utterance, inflict injury or tend to incite an immediate breach of the peace. The difference between incitement and fighting words is subtle, focusing on the intent of the speaker. Inciting speech is characterized by the speaker's intent to make someone else the instrument of his or her unlawful will. Fighting words, by contrast, are intended to cause the hearer to react to the speaker. What we can all learn from this is that I have too much free time on my hands and must get back to subbing