Speech that is not Constitutionally free

 Speech that is not Constitutionally free

The Constitution of the United States provides protections for freedom of speech under the First Amendment, which states "Congress shall make no law... abridging the freedom of speech." However, the Supreme Court has recognized that certain types of speech are not protected by the First Amendment.

Relevant sections of the Constitution:

• First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
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Some types of unprotected speech include:

• Incitement to imminent lawless action: The Supreme Court case Brandenburg v. Ohio (1969) established that speech is not protected if it is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action." [1]
• Fighting words: The Supreme Court case Chaplinsky v. New Hampshire (1942) held that "fighting words" - words that "by their very utterance, inflict injury or tend to incite an immediate breach of the peace" - are not protected by the First Amendment. [2]
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• True threats: The Supreme Court case Virginia v. Black (2003) defined "true threats" as "statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals." This type of speech is not protected. [3]
• Obscenity: The Supreme Court case Miller v. California (1973) established a three-part test for determining if speech is obscene and therefore not protected by the First Amendment. [4]
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• Child pornography: The Supreme Court case New York v. Ferber (1982) held that child pornography is not protected speech under the First Amendment. [5]

Overall, the Supreme Court has recognized that the right to free speech under the First Amendment is not absolute, and the government can place certain restrictions on speech that falls into these unprotected categories.

Sources:

1 On the Constitution of the United States by Joseph Story

2 The United States Supreme Court Edited by Christopher Tomlins

3 U.S. Constitution for Everyone by Mort Green

4 The Constitution of the United States of America as Amended. Unratified Amendments. A

5 The Making of America by W. Cleon Skousen

In addition:

The First Amendment of the Constitution of the United States protects the right to freedom of speech. Specifically, the First Amendment states "Congress shall make no law... abridging the freedom of speech." [1] This protection against government restriction of speech has been interpreted broadly by the Supreme Court to include a wide range of expressive activity.

However, the Supreme Court has recognized certain exceptions to the freedom of speech, such as restrictions on false or misleading "misinformation." In Brandenburg v. Ohio (1969), the Court ruled that the government can restrict speech that is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action." [2] Additionally, in Schenck v. United States (1919), the Court upheld restrictions on speech that presents a "clear and present danger" to public safety. [3]

While the government cannot arbitrarily determine what is "misinformation" and restrict speech accordingly, the Court has allowed some regulation of false or misleading speech, particularly in the context of commercial speech or speech that poses a clear danger. [4] Ultimately, the scope of permissible restrictions on speech deemed to be "misinformation" remains a complex and evolving area of constitutional law. [5]

Sources

1 On the Constitution of the United States by Joseph Story

2 The United States Supreme Court Edited by Christopher Tomlins

3 The Constitution of the United States of America as Amended. Unratified Amendments. Analytical Index by Henry Hyde

4 U.S. Constitution for Everyone by Mort Green

5 The Making of America by W. Cleon Skousen

Furthermore:

The First Amendment of the U.S. Constitution provides broad protection for freedom of speech, prohibiting the government from abridging this fundamental right. [1] However, the Supreme Court has recognized certain exceptions where the government can restrict speech, such as cases involving incitement of imminent lawless action or clear and present danger to public safety. [2][3]

The issue of regulating "misinformation" is more complex, as the government cannot simply declare information to be false and restrict it arbitrarily. [4] The Court has allowed some regulation of false or misleading speech, particularly in commercial contexts or where there is a clear danger to the public. [4]

Ultimately, the scope of permissible restrictions on speech deemed to be "misinformation" is an evolving area of constitutional law, requiring careful consideration of the specific context and potential harms. [5] The government must tread carefully to avoid infringing on the robust protections for freedom of expression enshrined in the First Amendment.

Sources

1 On the Constitution of the United States by Joseph Story

2 The United States Supreme Court Edited by Christopher Tomlins

3 U.S. Constitution for Everyone by Mort Green

4 The Constitution of the United States of America as Amended. Unratified Amendments. Analytical Index by Henry Hyde

5 The Making of America by W. Cleon Skousen