Exceptions to Freedom of Speech - Explained
What are some Exceptions to the Freedom of Speech?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What Speech isn't protected by the 1st Amendment?
The Supreme Court has interpreted the 1st Amendment to not protect all forms of speech.
The types of speech receiving limited or incomplete protection include:
Why does some speech receive limited or no protection under the 1st Amendment?
In essence, whether a form of speech receives protection under the first Amendment is a balancing act.
That is, the court will balance the rights of the individual against the potential harm to or effect upon the rights of others.
Because the freedom of speech is a fundamental right, the Government cannot limit speech without a compelling government interest justifying the restriction.
Pursuant to this understanding, statutory and common law often prohibit or limit the protections offered to: Obscene Speech, Fighting Words, Commercial Speech, Defamation, and Political Speech.
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