Bryant of the Civil Rights Litigation Group deals with issues regarding protected speech and unprotected speech. There are many exceptions to free speech that have been supported by the Supreme Court for some time. The Court provides less than full protections for many other types of speech, including:. At the same time, the Supreme Court, as well as many government and nonprofit agencies, have contributed to the definition of protected speech as well.
As a broad rule, virtually all other types of speech are protected, but the government may be able to regulate speech in certain circumstances. First Amendment and protected speech legal cases can be extremely complex, but at the same time, it is clear when someone is making true threats, producing obscene material, or producing false advertising and misleading information. We offer free, no-obligation consultations.
Call our law offices today at Facebook Twitter RSS. Protected speech and unprotected speech — what are my rights? The U. Supreme Court often has struggled to determine what exactly constitutes protected speech.
The following are examples of speech, both direct words and symbolic actions , that the Court has decided are either entitled to First Amendment protections, or not. Disclaimer: These resources are created by the Administrative Office of the U. Courts for use in educational activities only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on legislation. West Virginia Board of Education v.
Barnette , U. Tinker v. Des Moines , U. To use certain offensive words and phrases to convey political messages. Cohen v. California , U. To contribute money under certain circumstances to political campaigns. Fighting words are just like they sound, in Chaplinsky v. New Hampshire [6] the Court held that words that are personally abusive to an ordinary citizen and that tend to incite an immediate breach of the peace are fighting words and are not protected speech.
Threats are another form of unprotected speech. The Court has held that threats of violence, that are designed to place a person or group at risk of bodily harm or death are not protected speech. The Court has held that if a reasonable person would not believe the threat to be actionable then the statement does not count as a threat.
An example of this is a law prohibiting protests in residential areas before 7 a. This restriction does not limit the ability of a person or group to espouse a message but does prevent loud noises around other people's houses during times when quiet would be expected. When a restriction crosses the line from regulating only the time, place or manner to restricting specific content of speech, then that restriction is unconstitutional and such speech would be protected.
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