Blueberry comments on Schelling fences on slippery slopes - Less Wrong
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Comments (189)
This distinction breaks down very quickly. Consider Hustler v. Falwell, which limited the scope of civil remedies because enforcement of those remedies violated freedom of speech.
Or, more recently, Phelps v. Snyder, where the Court overturned a jury verdict for intentional infliction of emotional distress based on Fred Phelps's First Amendment protected funeral protest.