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Superlative question. We are currently drowning in political correctness. Contemporary culture seems to think we should only say, publish or broadcast thoughts that are 'acceptable' to the majority of listeners. Nothing could be, constitutionally, further from the truth. Free speech need not be 'popular' or 'acceptable', much less 'trendy'. If none of us can freely express opinion and fair comment, then we are all headed toward an antlike lowest common denominated cultural communism undreampt of by Plato's Republic. Express yourself!!!

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14y ago
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12y ago

On paper, the Bill of Rights defends any form of freedom of expression in the First Amendment. The courts have backed this amendment several times such as the 'Texas vs Johnson' case of 1989.

However, this isn't always the case; see the 'Roth vs United States' case of 1957.

The Bill of rights should protect freedom of speech, however undesirable it is. However, it is down to the courts of the time to uphold this.

Actually, the legal standard for protected speech varies. Look at the link below for a better discussion of the different types of speech, and how and where exceptions to the blanket protection we usually afford speech.

The popularity of the speech content is not legally relevant - that is, it doesn't matter (from a legal standpoint) if people like the speech or not. In fact, the general rule is that the more unpopular the speech, the greater protection it should be afforded.

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Q: Why does the Supreme court protect the right to free speech if it is unpopular to most of society?
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Which of these is a reason for protecting freedom of speech in a democratic society?

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