General Discussion
In reply to the discussion: "I support Free Speech, but I do not consider _______ Free Speech." [View all]moriah
(8,312 posts)The standard of yelling "Fire!" in a crowded theater is one such.
There is also the "fighting words" issue. Language that incites violence, whether group violence or individual violence, is not protected speech. For example, under Arkansas law, it is an offense to for anyone to "In a public place, directs obscene language or makes an obscene gesture to or at another person in a manner likely to provoke a violent or disorderly response."
Some people might be able to let things roll off of their back. But when someone intentionally provokes another person with language likely to cause a violent response, it is not protected speech. One small example: Most lucky people love their mothers and would protect their honor. (For alerters: the following is an example of improper language to use on DU, but I'm using it to make a point, so please keep it in mind.) Telling someone that their mother is a dirty whore who he plans to fuck that night and inviting them to watch and join in might be laughed off by some, but others might take such offense that they struck the person in question.
In such instances, both parties (if the offended one struck the one mouthing off) are guilty of crimes, and yes, there is a sound reason why such language is not protected speech -- to promote civility, order, and to prevent brawls, or worse, gunfights (given that some of these Supreme Court decisions were made in eras where most citizens were armed).
For example: I despise the Westboro Bapti$t Church's protesting of funerals, particularly military funerals, and eventually someone is going to get beaten or killed as a result without certain restrictions being placed on their right to protest funerals. Hence, I do not object at all to my state's law that demands protests of any funeral be held at least 300 feet away from the entrance or exit to the property the funeral will take place, and cannot be held for 30 minutes before or after the funeral, nor during the funeral. It still lets the WBCers wave their stupid signs and express their opinions, but it keeps an angry family member from shooting one of them -- and wouldn't that be a friggin' publicity goldmine for those asshats? And yes, I can seriously picture it happening. Especially in my state.
(Edit to fix my language, as I insulted the mentally challenged by comparing them to the WBC.)