Anti-Profanity Laws and the First Amendment
42 T. Marshall L. Rev. 203 (2017).
7 Pages Posted: 19 Dec 2018
Date Written: Spring 2017
The essay first examines several current state laws that prohibit profanity under certain circumstances. It then details a few recent cases in which individuals were convicted for uttering profanity. The next section explains how profanity can be a part of an unprotected category of speech, such as fighting words, true threats, or harassment. Finally, the essay examines whether such laws and cases comport with First Amendment principles.
Keywords: Anti-profanity laws, free speech, First Amendment, protected speech
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