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Internet's Impact
- The internet complicates the tension between free speech and its regulation due to its speed and reach.
- The Founding Fathers couldn't have foreseen this technology, making the First Amendment's application challenging.
Harmful Speech
- Defining harmful speech is central to First Amendment debates.
- Historically, who is harmed and whose harms are considered has shaped interpretations.
Brandenburg Case
- The Brandenburg case established the "imminent lawless action" test for restricting speech.
- This overturned the Whitney case, where a woman advocating for racial equality was convicted for her speech.