|
The protection of speech has nothing to do with its content, with three exceptions: a.)When the primary purpose is arousal, rather than the advancement of a point of view, which is the reason that pornography is treated differently; b.)Commercial speech, which is afforded fewer protections due to its strictly utilitarian nature and the fear of fraud; c.) And speech that aims at immediate incitement to violence and/or illegal action. Political speech is protected, no matter how hateful, so long as it does not aim at immediate incitement. Therefore, if cross- burning is speech, it does not matter what the associations are, as long as it is not at the time being used to incite to violence. If flag- burning is speech, because of its symbolic nature, then cross- burning is speech. Therefore, if we ban one, we should ban the other, or we should protect the right to both...Or, I suppose, we could re- examine First Amendment law from top to bottom...Sorry to join in, but Michael is a pal, and he had a good point... |
