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by john_b
4043 days ago
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I think it's relatively easy to distinguish "speech" from "speech plus other action," such as protesting. Even someone who supported free speech and a person's right to protest wouldn't likely support them protesting on their front lawn because other rights besides freedom of speech exist (such as property rights). I don't think it's controversial in Western societies that freedom of expression, especially in spoken or written form, is one of the most important rights of a free society, and as such is worthy of protection. Other actions associated with that speech may not be protected, so we need to distinguish between them. |
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The U.S. approach is a pretty good one. It defines "speech" as almost anything expressive, and focuses the analysis instead on whether any restraints on speech involve the content of the speech. Protesting is protected in the U.S., which it would not be under a "speech" versus "speech plus other action" dichotomy. The attended activity may be limited, but not based on the content of the speech. Hate speech laws have been repeatedly ruled unconstitutional, because they ban particular types of expression based on content.