Clay Calvert, director of the Marion B. Brechner First Amendment Project and Brechner Eminent Scholar in Mass Communication at the University of Florida College of Journalism and Communications, is quoted in “Fact Check-Cursing About Biden is Not Illegal, as Satirical Posts Claim” published by Reuters.com on Sept. 21.

The article offers examples of social media users sharing screenshots showing that parts of satirical articles claiming screaming expletives about U.S. President Joe Biden are illegal. Reuters Fact Check has found no evidence that this is true.

According to Calvert, the First Amendment protects the right to use offensive language criticizing public officials.

“The U.S. Supreme Court has made it clear that what it calls the ‘emotive’ function of speech merits constitutional protection,” Calvert said. “It reached that conclusion in 1971 in Cohen v. California when it protected a man’s right in a public courthouse to wear a jacket bearing the words ‘F*** the Draft’ as a form of political protest.”

He adds, “As long as the speech does not amount to what courts call a ‘true threat’ of violence, then it would be protected.”

Posted: September 23, 2021
Category: College News, Marion B. Brechner First Amendment Project News
Tagged as: Clay Calvert, Marion B. Brechner First Amendment Project