Offense, Incitement, True Threats, and Hate Speech
Alexander Tsesis · Cambridge University Press eBooks · 2020
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.