Free Speech Protection and Speaker’s Intent

An interesting article tackles the difficult and topical subject of free speech protection and the speaker’s intention.

First Amendment precedents can be confusing, non-linear, and seemingly not based upon common sense.  Professor Eugene Volokh in “The Freedom of Speech and Bad Purposes” scrutinizes whether a speaker’s improper purpose can actually lose protection for speech.  Using a wide spectrum of examples, from both the civil and criminal contexts, Professor Volokh concludes “the protection of speech should not turn on what a factfinder concludes about the speaker’s purposes.”

Free Speech - Criticize the Courts

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