Записки эстонского Бандеровца

Virginia v. Black: Hard-Core Hate Speech, Hard-Core Porn and the First Amendment Leslie Friedman Goldstein Since the Supreme Court's earliest exposition of First Amendment law, the Court has consistently held that not all uses of words are covered by the phrase "freedom of speech or of the press." If a particular use of words has "the effect of force" -- as in, for instance, inciting a murder-prone person to murder -- those words in those circumstances are not considered protected by the Constitution. About fifty years ago, the Supreme Court added to this rule, the additional rule that certain categories of speech and press are not protected by the First Amendment. The Court explained: There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words -- those which by their very utterance inflict injury or tend to incite an immediate breach of the peace