Where to limit the freedom of speech? Analysis in the context of the First Amendment to the US Constitution and the fighting words doctrine Cover Image

Gdzie wyznaczyć granice prawa do wolności słowa? Analiza w kontekście pierwszej poprawki do amerykańskiej Konstytucji oraz doktryny walczących słów
Where to limit the freedom of speech? Analysis in the context of the First Amendment to the US Constitution and the fighting words doctrine

Author(s): Karolina Palka
Subject(s): Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Court case, Comparative Law
Published by: Akademia Techniczno-Humanistyczna w Bielsku-Białej
Keywords: freedom of speech; hate speech; fighting words doctrine;

Summary/Abstract: This article is about the limits of the right to free speech. The first section provides a brief introduction to this topic, primarily in the context of the First Amendment to the U.S. Constitution. The second section describes the case of Chaplinsky v. New Hampshire, which was fundamental to the topic of this paper because the United States Supreme Court created the so-called “fighting words” doctrine based on it. In the next two sections, two court cases are presented that perfectly demonstrate the limits of the right to free speech in the United States: Snyder v. Phelps and Village of Skokie v. National Socialist Party of America. The fifth part shows the right to freedom of speech in the context of Polish civil, criminal, and constitutional law, as well as acts of international law binding on Poland. The last part is a short summary.

  • Issue Year: 2/2021
  • Issue No: 37
  • Page Range: 239-255
  • Page Count: 17
  • Language: Polish