[sheyboer]

I know the Supreme Court has adopted some tests to determine when speech may or may not be limited by the state. Are those tests constitutional? Are limits on speech that incite violence legitimate? Do I have the right to say whatever I want in public? (constitutionally or philosophically)?

If this question does not apply to this forum, which forum would be best? I tried general discussion, but no one wants to “generally discuss” this topic it seems. And I am very interested in other people’s opinions on the matter.

Thank you for your time.

[Brion McClanahan]

Under an originalist interpretation, the federal government cannot prohibit “free speech,” meaning there can be no federal law on the issue. On the other hand, the States could and did regulate speech. It is only through the faulty premise of incorporation that “free speech” is a 1st Amendment “issue” in the States.

[gutzmank]

I’d only add the caveat that of course the Federal Government must regulate certain kinds of publications/utterances: perjury, military insubordination, etc.

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