Traditionally, however, if the speech did not fall within one of the categorical exceptions, it was protected speech. After the Beauharnais case, the Supreme Court developed a free speech jurisprudence that loosened most aspects of the free speech doctrine. The defendant was charged for distributing a leaflet that rallied white people in Chicago "to halt the further encroachment, harassment and invasion of white people, their property, neighborhoods and persons, by the Negro." Going off Chaplinsky, the court ruled that since "libelous utterances within the area of constitutionally protected speech," it did not matter that the speech did not incite any direct harm. Illinois, the Supreme Court upheld the constitutionality of the state of Illinois's group libel law, which punished expression attacking the reputation of racial, ethnic, and religious groups. Ībout a decade later in 1952, in Beauharnais v. Illinois, establishing the narrow traditional exception to the First Amendment covering those words which by their very utterances tend to inflict injury or tend to incite an immediate breach of the peace. New Hampshire, which surrounded the issue of a Jehovah's Witness, Walter Chaplinsky, who verbally attacked a town marshal for restricting his use of a public sidewalk to protest organized religion by calling him a "damned fascist" and "racketeer." Later, when the court heard Beauharnais v. In 1942, the issue of group defamation was first most explicitly brought up in Chaplinsky v. Some limits on expression were contemplated by the framers and have been defined by the Supreme Court of the United States. The Fourteenth Amendment, ratified on July 9, 1868, has been interpreted by the Supreme Court as extending this prohibition to laws enacted by the states. abridging the freedom of speech, or of the press". The First Amendment, ratified December 15, 1791, provides (in relevant part) that "Congress shall make no law. The protection of civil liberties, including freedom of speech, was not written into the original 1788 Constitution of the United States but was added two years later with the Bill of Rights, implemented as several amendments to the Constitution. Other forms of speech have lesser protection under court interpretations of the First Amendment, including commercial speech and obscenity. In academic circles, there has been debate over freedom of speech, hate speech, and hate speech legislation. government may not discriminate against speech on the basis of the speaker's viewpoint. Tam (2017), the justices unanimously reaffirmed that there is effectively no "hate speech" exception to the free speech rights protected by the First Amendment and that the U.S. In a Supreme Court case on the issue, Matal v. Supreme Court has repeatedly ruled that most of what would qualify as hate speech in other western countries is legally protected speech under the First Amendment. While "hate speech" is not a legal term in the United States, the U.S. Hate speech in the United States cannot be directly regulated by the government due to the fundamental right to freedom of speech protected by the Constitution.
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