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The US had freedom of speech encoded into the law in 1791. To this day I believe Australia has no explicit freedom of speech law. I am not a history buff but I suspect U.S. was in fact at one point ahead of the curve.

I believe there is an ebb and flow to fear and control exercised over speech, whether it be fear that the speech is dangerous or just objectionable in moral systems (violence, obscenity, etc.)

Some day we’ll probably be back at the other end, where the scrutiny is primarily aimed at what is disallowed rather than allowed. But, I think new media and their impact on society is always scary. It happened with books, radio, movies, TV, video games and it’s happening with social media and the internet. And with how well conspiracies and misinformation spreads online, it’s easy to see where the fear comes from. It is causing people who believe in the truth to prevail to begin to question themselves.

Exactly what is covered by the first amendment is very wishy-washy and US law is intentionally elastic, so there are probably some blurred lines as to what kinds of violent threats may cause something to no longer be considered protected speech.

(Of course: IANAL.)

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