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Outside the Box: On Second Amendment and Clinton, Trump is playing with fire

Although the First Amendment of the U.S. Constitution broadly protects the freedom of speech, its protections are not absolute.

As Justice Oliver Wendell Holmes famously wrote in 1919, “[t]he most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic.” In other words, the Constitution does not protect dangerous speech — words likely to cause harm. The Supreme Court refined this concept in 1969, announcing the test that still applies today: words can be punished when they are “directed to inciting or producing imminent lawless action and…likely to incite or produce such action.

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