With rare exceptions, the right to free speech is exceptionally broad. Exceptions focus on imminent and irremediable harm, like shouting fire in a crowded theater or child pornography. You are even allowed to lie – as long as no one’s reputation is injured. But what if the feds want to constrain those attacking government actions because those attacks are dangerous and endanger public health? The Fifth Circuit said no go. The Supreme Court weighs in this March.
