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"Protected" just means we're not allowed to ban it. Protecting everything not banned is meaningless. The closest we could get is requiring any piece of speech we ban to be explicitly stated in the constitution.






The practical thing is that when new forms of speech are created/discovered are they fair game to be banned? They can't obviously be listed as bannable or not bannable by existing lists. To my understanding they are not bannable, they don't have special burden to show they shouldn't be banned.
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Fwiffo
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Even if a thing is not banned whether it is protected or not tells you whether the tool of banning it is available or not. That is we do not need to ban everything that we are at liberty to ban.
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Fwiffo
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