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I challenge you to find even one instance of where citation of the Chaplinksy case has ever been used ever since the ruling itself to defend the merit of a clamp down on open speech anywhere in the U.S.

It's doubtful that the case would even be decided the same way today.




There doesn't have to be. The decision shows that the Supreme Court intended to exempt a narrow range of abusive speech from constitutional protection.

It's true that the definition of 'fighting words' has narrowed considerably over the years, but the Chaplinsky case is foundational to the debate on what counts as free speech and has weighed heavily on subsequent judgments.


the Chaplinsky case is foundational to the debate on what counts as free speech and has weighed heavily on subsequent judgments

It's been nothing but a hypothetical argument from the grab-bag of people looking to silence speech they don't agree with by people who write newspaper op-eds. It's never actually been used to deny anyone freedom of speech.

If I'm wrong, then cite its use.




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