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The Constitutional protection of the individual right to freedom of speech and freedom of the press shall not extend to speech or printed material which is false, deceptive, or intentionally misleading.
Discuss?
EDIT: Already I don't like this particular formulation, because any and all works or performances of fiction would be susceptible to censorship under it.
Alternate (if less elegant) wording: The Constitutional protection of the individual right to freedom of speech and freedom of the press shall not extend to speech or printed material of a non-artistic, non-creative nature which is false, deceptive, or intentionally misleading.
Of course, the alternative gives Limbaugh, Beck and the like a loophole- they can call their propaganda broadcasts 'performance art.'
Discuss?
EDIT: Already I don't like this particular formulation, because any and all works or performances of fiction would be susceptible to censorship under it.
Alternate (if less elegant) wording: The Constitutional protection of the individual right to freedom of speech and freedom of the press shall not extend to speech or printed material of a non-artistic, non-creative nature which is false, deceptive, or intentionally misleading.
Of course, the alternative gives Limbaugh, Beck and the like a loophole- they can call their propaganda broadcasts 'performance art.'