ABSTRACT

In the First Amendment hierarchy, political speech resides at the top. Its protection was the primary purpose for the free speech clause. Indeed, one of the catalysts of the American Revolution was the British crackdown on the colonists' rights of free speech and political protest. Even aside from this original intent, however, constitutional logic dictates that the indispensable role of political speech in sustaining self-government provides the only compelling rationale for the free speech clause. The crusade for the breakdown of all sexual restraints or behavioural standards has injected into the public domain a type of speech that, prior to the 1960s, had never been there before. It is movements such as these that have tried to break down the longstanding distinction between protected political speech and other types of private speech. The field of copyright law is strewn with content distinctions.