Burden Quote by Alan Dershowitz
“All speech should be presumed to be protected by the Constitution, and a heavy burden should be placed on those who would censor to demonstrate with relative certainty that the speech at issue, if not censored, would lead to irremediable and immediate serious harm.”
About This Quote
Source Legal Essay: The First Amendment and Censorship, 1998
Speech should be protected unless it can be shown to cause immediate, irreversible harm; the burden of proof lies with censor.
In simple terms: Protect speech unless it causes imminent serious harm.
Key Takeaway
Demand strong evidence before restricting speech.
Themes
free speech
censorship
legal standards
Mood
serious
analytical
Type
legal
political
When to use this quote
- court cases
- policy debates
- media regulation
Key Concepts
constitutional law
harm principle
burden of proof
Questions to Reflect On
- When is it justified to limit speech?
- Who should decide what constitutes immediate serious harm?
A Different Perspective
Defining “irremediable” harm can be subjective.
