It must never be forgotten, however, that the Bill of Rights was the child of the Enlightenment. Back of the guarantee of free speech lay faith in the power of an appeal to reason by all the peaceful means for gaining access to the mind. It was in order to avert force and explosions due to restrictions upon rational modes of communication that the guarantee of free speech was given a generous scope. But utterance in a context of violence can lose its significance as an appeal to reason and become part of an instrument of force. Such utterance was not meant to be sheltered by the Constitution.
About this quote
- What does it mean?
- Free speech is protected to encourage reasoned debate, but speech used as violence is not sheltered.
- In plain terms
- Speech is free unless it becomes force.
- What can you take from it?
- Reasonable debate is protected; violence is not.
Where it applies
Putting it to work
Questions to consider
- Where is the line between speech and force?
Another view
Defining violence in speech is difficult.
More from Felix Frankfurter
In this Court dissents have gradually become majority opinions.
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