Collins v. Smith (1978). "No such thing as a false idea" under the First Amendment. Any speech can offend or disturb. Could there be a distinction between attempts to persuade and attempts to humiliate, shock or demean?
“Racial harassment” is defined as extreme or outrageous acts or communications intended to harass, intimidate, or humiliate a student or student on account of race, color, or national origin and that cause them to suffer severe emotional distress.
Appendix E, General Information Catalog
In UMW Post (1991), the circuit court ruled that the fighting words exception is "limited to speech which by its very utterance tends to incite an immediate breach of the peace."
"The only purpose for which power can be rightly exercised over any member of a civilized community against his will, is to prevent harm to others."
John Stuart Mill, On Liberty.
motorcycle helmet laws, seat belt laws, laws forbidding swimming without a lifeguard, prohibition of recreational drugs, laws forbidding gambling, laws regulating sexual conduct between consenting adults in private (including prostitution and sadism), prohibitions of gambling, usury laws, laws against duelling,...
murder statutes (insofar as consent of victim is no defense), laws prohibiting the use of drugs not approved by the FDA, laws prohibiting the sale of uninspected meat (even when customer is forewarned), mandatory Social Security contributions, compulsory school attendance.
Stephen also argues that the criminal law exists, not only to deter crimes that are dangerous to society, but "also for the sake of gratifying the feelings of hatred -- call it revenge, resentment, or what you will -- which the contemplation of such conduct excites in healthily constituted minds. " (LEF, p. 318)