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In general, courts have examined the history of the Constitution and the policy supporting freedom of speech when creating exceptions to its coverage. Modern decisions afford freedom of speech the strictest level of scrutiny; only a compelling government interest can justify an exception, which must use the least restrictive means possible. 1 For the purpose of brevity, this book reviews the constitutional exceptions to free speech in statutes criminalizing fighting words, incitement to riot, hate crimes, and obscenity.
Figure 3.5 The First Amendment
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