I have always thought that the social and political theory of John Mill (whose ideas were hugely influential in the US Constitution amendments) to be very useful in these cases (emphasis mine):
" He concluded that, except for speech that is immediately physically harmful to others (like the classic example of the false cry of "fire" in a crowded theater, or the incitement of violence towards others, lynching and so forth), no expression of opinion, written or oral, ought to be prohibited. Truth can only emerge from the clash of contrary opinions; therefore, robust debate must be permitted. This "adversarial" theory of the necessary nature of the search for truth and this insistence on the free marketplace of ideas have become central elements of U.S. free speech theory."
I have always thought that the social and political theory of John Mill (whose ideas were hugely influential in the US Constitution amendments) to be very useful in these cases (emphasis mine):
" He concluded that, except for speech that is immediately physically harmful to others (like the classic example of the false cry of "fire" in a crowded theater, or the incitement of violence towards others, lynching and so forth), no expression of opinion, written or oral, ought to be prohibited. Truth can only emerge from the clash of contrary opinions; therefore, robust debate must be permitted. This "adversarial" theory of the necessary nature of the search for truth and this insistence on the free marketplace of ideas have become central elements of U.S. free speech theory."