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Iowa Law Review

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This article calls for an end to the doctrinal distinction between speech that is "inside" the First Amendment and that which is "outside" it.

By re-examining the premises underlying its vindication of the summary suppression of obscenity, and overruling the moribund yet still-mischievous cases of Chaplinsky v. New Hampshire, 315 U.S. 568 (1942) (denying First Amendment protection to "fighting words") and Beauharnais v. Illinois, 343 U.S. 250 (1952) (denying First Amendment protection to group libel), the Court would take an important step towards blunting a variety of modern threats to freedom of expression.

Otherwise we risk having a Ptolemaic proliferation of First Amendment "exceptions" overwhelm whatever core of "rule" may be left.

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