The only absolute defense of the right to Freedom of Speech is that it be truthful speech. In the U.S. what is truth or fact is traditionally determined by a jury. The U.S Supreme Court is granted this power by the Constitution unless Congress decides in otherwise. Lately the Supreme Court has taken advantage of this presumption to make such ludicrous rulings as "“the appearance of access and influence will not cause the electorate to lose faith in this democracy.” The Constitution also gives Congress the power limit the Supreme courts ability to determine facts "with such Exceptions, and under such Regulations as the Congress shall make." I think it is time Congress clipped the Supreme courts wings and made Corporate involvement with elections one of those exceptions.
Also, and earlier comment made here stated "Again, the question asked here was decided waaaay back in 1919 by the US Supreme Court. See Schenck v. United States Frankly I am surprised these questions are even asked on this site as there is really no controversy to discuss. The "fire in a theater" reference had nothing to do with that particular case, it was only dictum which created no precedent. The overreaching preceedent which was created then was overturned 60 years later in several other Supreme Court Rulings.
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