Is speech mocking certain groups "core protected speech"?

Michael McConnell Mcconnellm at LAW.UTAH.EDU
Fri Mar 17 06:53:05 PST 2000


Leslie Goldstein writes:

> I myself have been pondering a somewhat different
> question.  Is there a 1st Am. right to post highly inflammatory,
> insulting or intimidating comments on a large privately owned
> bilboard, say for instance "Most n--- deserve to be lynched !"
> (posted by a Klan member).  Would this be punishable under public
> nuisance laws?

Are we reconsidering Brandenburg v. Ohio? (I hasten to add that this
is not intended as a conversation-stopper: maybe we *should*
reconsider Brandenburg.)


-- Michael McConnell (U of Utah)



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