
Can “Free Speech” Be “Moderated”? Yes. (2016) - Tomte
https://medium.learningbyshipping.com/can-free-speech-be-moderated-yes-15700db2b7ab#.52r9v0b6n
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deogeo
> While from the earliest days some forms of speech have been assumed to be
> subject to potential restrictions (i.e. the risk of immediate danger by
> shouting “fire in a crowded movie house”) the remaining expression of
> political ideas went unregulated, no matter how hateful. This led to
> “expressions” such as burning crosses, flags, or effigies, often accompanied
> by hateful written materials. All in all, it was a lot of work to express a
> lot of hate. Still the Supreme Court upheld the right to do so, so long as
> the speech did not violate other laws such as fire codes, arson, or safety
> regulations.

Utterly false. The "fire in a crowded theater" quote comes from a (later
overturned) Supreme Court decision that _banned opposing the draft_. I guess
the authors point would be somewhat diminished if he had to include anti-war
protests as things that tend to be banned when speech gets moderated, not just
the catch-all 'hate'.

