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Speech that harms the good reputation of another, fighting words, threatening speech.

a) Slander
b) Libel
c) Defamation
d) Hate speech

1 Answer

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Final answer:

Defamation is a legal term that describes speech that harms someone's good reputation, with slander being spoken and libel written or published. These are not protected under the First Amendment due to the damage they can cause to a person's reputation. Public figures are required to demonstrate 'reckless disregard' or malicious intent to prove defamation, as established in New York Times v. Sullivan.

Step-by-step explanation:

Speech that harms the good reputation of another, such as slander and libel, falls under the category of defamation. Slander refers to defamatory statements that are spoken, while libel refers to defamatory statements that are written or published. Both forms of defamation are not protected by the First Amendment, as they involve false accusations that can damage a person's reputation and livelihood.

In the context of media, editors and columnists are protected when writing opinions as they are not claiming their statements are facts. However, if false information is presented as fact and it harms someone's reputation, it can constitute defamation. Notably, public figures face a higher threshold when proving defamation, as established by the landmark New York Times v. Sullivan case.

Additionally, fighting words, threatening speech, and hate speech represent other types of expression that are not constitutionally protected since they may incite violence or represent a clear and present danger to public safety and order.

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