Book contents
- Free Speech in the Balance
- Free Speech in the Balance
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- Part I Theory
- Part II Application
- 5 US Formalism and EU Proportionality Alternative
- 6 Offense, Incitement, True Threats, and Hate Speech
- 7 Terrorist Incitement on the Internet
- 8 First Amendment on Campus
- 9 High Schooler Speech in the Age of the Internet
- 10 On the Campaign Trail
- Conclusion
- Notes
- Index
6 - Offense, Incitement, True Threats, and Hate Speech
from Part II - Application
Published online by Cambridge University Press: 06 November 2020
Book contents
- Free Speech in the Balance
- Free Speech in the Balance
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- Part I Theory
- Part II Application
- 5 US Formalism and EU Proportionality Alternative
- 6 Offense, Incitement, True Threats, and Hate Speech
- 7 Terrorist Incitement on the Internet
- 8 First Amendment on Campus
- 9 High Schooler Speech in the Age of the Internet
- 10 On the Campaign Trail
- Conclusion
- Notes
- Index
Summary
Courts use categories of communication to identify what subjects are protected under the First Amendment.341 The Supreme Court’s modern doctrine, announced in starkly absolute terms in a 2015 decision, reviews content-based restrictions under the rigorous strict scrutiny standard.342 This categorical approach is a formalistic and inadequate substitute for comprehensive assessments into the interests of speakers; public policies; means for achieving legal ends; and available alternatives for expression.
- Type
- Chapter
- Information
- Free Speech in the Balance , pp. 83 - 98Publisher: Cambridge University PressPrint publication year: 2020