The First Amendment states, “Congress shall make no law abridging the freedom of speech.” This protects the right to express opinions and ideas without government interference but is not absolute; certain types of speech, such as those inciting violence or constituting defamation, are not protected. The Supreme Court interprets the scope of this protection and has applied it to state governments through the Fourteenth Amendment.
Key Aspects of the First Amendment’s Free Speech Clause
Government Prohibition: The amendment explicitly prevents Congress from passing laws that limit the freedom of speech.
Scope of Protection: Freedom of speech is a broad protection for expressing opinions and ideas.
Application to States: The Supreme Court has interpreted the Fourteenth Amendment’s Due Process Clause to apply the First Amendment’s protections to state governments as well.
Examples of Speech Not Protected by the First Amendment
Incitement to Violence: Speech that is intended to cause imminent and likely violations of law is not protected.
Defamation: False statements that harm someone’s reputation are not protected. Public figures have a higher burden of proof, needing to show the statement was made with actual malice.
Fighting Words: Speech likely to provoke a physical fight is not protected.
Child Pornography: Material depicting actual children in a sex-related context is outside First Amendment protection.
Hate Speech: While personal, hateful insults might be punished as fighting words, there is no special exception that allows for the punishment of speech simply because it is racist, sexist, or anti-gay.
Government Regulation: While the government cannot ban certain forms of speech, it can regulate other speech, such as indecency on radio and television, if there is a compelling reason and it is done in the least restrictive way.
You can read the entire amendment at the library of congress.
First Amendment Fundamental Freedoms