CSPAN2 Key Capitol Hill Hearings September 25, 2014
Theyre doing hard work cleaning up a cluttered closet to the First Amendment where lower courts are in disagreement and everyone is a little bit at sea. The first of these, a case involving the socalled truth rats doctrine. There is a lot of speech protected by the First Amendment, there is a lot of speech that is not protected by the First Amendment and this is a question of when is threatening language protected and when is it not protected . The question is in order to be unprotected by the First Amendment, does the speaker have to have intended to threaten someone . Or is it enough if a re...