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LITIGATION: “I Will Defend to the Death Your Right to Say It.” But How?

By Robert Corn-Revere

When deciding whether the First Amendment protects expression, the offensiveness of speech is not a factor. This neutrality principle borrows from a stirring maxim written about Voltaire’s beliefs by biographer Evelyn Beatrice Hall (writing under the pseudonym S.G. Tallentyre): “I disapprove of what you say, but I will defend to the death your right to say it.”

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