“
Congress shall make no law
. . . abridging the freedom of speech, or of the press.” What does this mean today? … 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.
Can the government restrict ideas or speech?
Government can limit some protected speech by
imposing “time, place and manner” restrictions
. … But a permit cannot be unreasonably withheld, nor can it be denied based on content of the speech. That would be what is called viewpoint discrimination — and that is unconstitutional.
Restrictions to freedom of expression on the internet include
internet shutdowns, hate speech and disinformation regulation, repressive laws, and internet censorship
. … As a result, these limitations violate individuals’ freedom of expression on the internet.
Does freedom of speech mean you can say anything?
The 1st Amendment to the United States Constitution has been interpreted to mean that you are free to say whatever you want and you are
even free to not say anything at all
.
When should you restrict freedom of speech?
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography,
speech integral to illegal conduct
, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial …
What are the 3 restrictions to freedom of speech?
Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to
libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, food labeling, non-
…
Why is political speech the most protected?
Political speech, being the most protected form of speech under the First Amendment,
warrants the highest level of scrutiny against the laws that regulate it
. … In these decisions, the court did not deviate from the established-by-common-law approach to political speech protection.
What are three speech elements the government is allowed to regulate?
The Supreme Court has recognized that the First Amendment’s protections extend to individual and collective speech “in pursuit of
a wide variety of political, social, economic, educational, religious, and cultural ends
.” Roberts v.
The text of the First Amendment itself only prevents Congress (i.e., U.S. Congress) from making laws that restrict the freedom of speech. … In other words, a private person or private company (such as a social media company) cannot violate your constitutional free speech rights, only
the government can do so
.
Why should freedom of speech have limits?
The freedom of expression is vital to our
ability to convey opinions, convictions, and beliefs
, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals.
What are the disadvantages of freedom of speech?
The pros and cons
However, freedom of speech also has its dangers:
speech could damage a state
(that is, betray state secrets); speech could incite violence against people, and speech could offend other people.
What freedom of speech does not mean?
Freedom of speech does not include the right:
To incite actions that would harm others
(e.g., “[S]hout[ing] ‘fire’ in a crowded theater.”). Schenck v. United States, 249 U.S. 47 (1919). To make or distribute obscene materials.
Who does freedom of speech apply to?
The First Amendment only protects your speech from government censorship. It applies to
federal, state, and local government actors
. This is a broad category that includes not only lawmakers and elected officials, but also public schools and universities, courts, and police officers.
Is hate speech freedom of speech?
While “hate speech” is not a legal term in the United States, the U.S. Supreme Court has repeatedly ruled that most of what would qualify as hate speech in other western countries is
legally protected free speech under the First Amendment
.
What are the restrictions on freedom of religion?
The Establishment Clause of the
First Amendment prohibits government from encouraging or promoting (“establishing”) religion in any way
. That’s why we don’t have an official religion of the United States. This means that the government may not give financial support to any religion.
What is unprotected speech examples?
- Obscenity.
- Fighting words.
- Defamation (including libel and slander)
- Child pornography.
- Perjury.
- Blackmail.
- Incitement to imminent lawless action.
- True threats.
