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Article: Recalibrating the cost of harm advocacy: getting beyond Brandenburg.
- Article from:
- William and Mary Law Review
- Article date:
- April 1, 2000
- Author:
CopyrightCOPYRIGHT 2000 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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[T]he suggestion that the first amendment ties our hands in dealing with ... revolutionaries ... is an unintended intimation of that most frightening of constitutional conceptions: the Constitution as a suicide pact.(1)
Nowadays the First Amendment is the First Refuge of Scoundrels.(2)
INTRODUCTION
Freedom of speech is not absolute. With the possible exception of Associate Justice Hugo Black,(3) the Justices of the Supreme Court of the United States have noted frequently that freedom of speech does not protect an unlimited class of speech-related activities.(4) Perhaps most famously, Justice Holmes explained that "[t]he most stringent ...