ABSTRACT

For decades scholars, attorneys, jurists, writers, editors, and publishers in the United States wrestled with a complex query related to the First Amendment and the issue of “harm.”

“The First Amendment to the U.S. Constitution protects free speech and freedom of the press. What is the value of a legal system [or for that matter Constitutionally guaranteed rights] that turns a ‘blind eye’ to the suffering of its innocent subjects in order to preserve the logical purity of abstract principles?”1