About Doe (Fred Speaking)
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The judge didn't create a new balance of the sort you describe. I agree. But that probably wasn't what he meant when he said we have to find a balance. He evidently believes that the balance has already been found and that it is embodied in current First Amendment doctrine. There are certain cases in which speech does not receive First Amendment protection. He mentioned several of these:

• fighting words
• intentional infliction of emotional distress
• credible threats of violence or property damage
• incitement to imminent lawless action

Carving out these exceptions to First Amendment protection is finding the balance between freedom and other values. That's what the judge meant. What you want is a new exception, and that is what he declined to create.

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