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© Getty Images As a commission like the 9/11 one gains traction as a way to move past the recent impeachment trial, there is a chance to do a serious exploration of the grey area where free speech can incite criminal behavior. The choice should not be zero sum to protect all speech or curb all speech if violence results. A century ago, the Supreme Court made clear in its decision that the First Amendment was not absolute. It does not protect crying fire in a crowded theater. But as this turbulent century keeps teaching us, we need better tools to protect our constitutional values while also deterring and punishing when justified those who challenge old thinking.

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