1.       Chaplinsky v. NH (1942):  1st Amendment is NOT ABSOLUTE.  Is constitutional to prevent or punish “well-defined, narrowly limited classes of speech.”

a.       e.g. Not protected: “the profane,” “libelous speech,” “insulting or fighting words,” “Lewd and obscene”

b.      Rationale: Not an essential part of the exposition of ideas.  That speech has such slight social value as a step to the truth that the benefit is clearly outweighed by social interest in order and morality. 

c.       Post-1942: See a shift in definitions.  Also a challenge to whether the 1st A is only about the free marketplace of ideas