there is no easy generalizable connection between expressness and the other central concerns that are implicated in the regulation of speech: primarily the value of the speech, as well as the potential harm it might cause to the community and the culpability of the speaker.
(133) Charlotte Taylor explains a similar dilemma in the context of the expressness requirement in First Amendment incitement doctrine.
Once an expressness requirement no longer tracks the distinction between high- and low-value speech in even a crude manner, it comes to seem disturbingly arbitrary.