Cite as: 505 U. S. 377 (1992)
Stevens, J., concurring in judgment
cause it prohibits too much speech? If not, is it "under-broad" because it does not prohibit enough speech?
In answering these questions, my colleagues today wrestle with two broad principles: first, that certain "categories of expression [including 'fighting words'] are 'not within the area of constitutionally protected speech,' " ante, at 400 (White, J., concurring in judgment); and second, that "[c]ontent-based regulations [of expression] are presumptively invalid," ante, at 382 (majority opinion). Although in past opinions the Court has repeated both of these maxims, it has—quite rightly—adhered to neither with the absolutism suggested by my colleagues. Thus, while I agree that the St. Paul ordinance is unconstitutionally overbroad for the reasons stated in Part II of Justice White's opinion, I write separately to suggest how the allure of absolute principles has skewed the analysis of both the majority and Justice Whiteís opinions.
I
Fifty years ago, the Court articulated a categorical approach to First Amendment jurisprudence.
"There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. . . . It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality." Chaplinsky v. New Hampshire, 315 U. S. 568, 571-572 (1942).
We have, as Justice White observes, often described such categories of expression as "not within the area of constitutionally protected speech." Roth v. United States, 354 U. S. 476, 483 (1957).
417
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