“Fighting words”: Face-to-face personal insults that are likely to lead to an immediate fight are punishable. True threats: Threats to commit a crime (for example, “I’ll kill you if you don’t give me your money”) can be punished. Defamation: False statements that damage a person’s reputations can lead to civil liability (and even to criminal punishment), especially when the speaker deliberately lied or said things they knew were likely false.
In some circumstances, the Supreme Court has held that certain types of speech are of only “low” First Amendment value, such as:Ī. There are generally three situations in which the government can constitutionally restrict speech under a less demanding standard.ġ. Such laws are thought to be especially problematic because they distort public debate and contradict a basic principle of self-governance: that the government cannot be trusted to decide what ideas or information “the people” should be allowed to hear. Laws that prohibit people from criticizing a war, opposing abortion, or advocating high taxes are examples of unconstitutional content-based restrictions. The Supreme Court has held that restrictions on speech because of its content-that is, when the government targets the speaker’s message-generally violate the First Amendment. The freedom of speech also applies to symbolic expression, such as displaying flags, burning flags, wearing armbands, burning crosses, and the like. The Supreme Court has interpreted “speech” and “press” broadly as covering not only talking, writing, and printing, but also broadcasting, using the Internet, and other forms of expression. The First Amendment restrains only the government. The First Amendment does not protect speakers, however, against private individuals or organizations, such as private employers, private colleges, or private landowners. abridging the freedom of speech, or of the press.” What does this mean today? Generally speaking, it means that the government may not jail, fine, or impose civil liability on people or organizations based on what they say or write, except in exceptional circumstances.Īlthough the First Amendment says “Congress,” the Supreme Court has held that speakers are protected against all government agencies and officials: federal, state, and local, and legislative, executive, or judicial.