What are two limits that have been placed on the First Amendment?
Asked by: Prof. Amie Jacobson Jr. | Last update: February 2, 2026Score: 4.5/5 (68 votes)
Two key limits on the First Amendment are incitement to imminent lawless action, speech directly urging immediate illegal acts, and defamation, false statements that harm someone's reputation, alongside other categories like obscenity, true threats, and time/place/manner restrictions on assembly. While beliefs are absolute, actions and specific types of speech (like fraud or threats) that cause direct harm or violate others' rights can be restricted.
What are some limits on the 1st Amendment?
The categories of unprotected speech include obscenity, child pornography, defamatory speech, false advertising, true threats, and fighting words. Deciding what is and is not protected speech is reserved to courts of law. The First Amendment only prevents government restrictions on speech.
What are two limitations on freedom of speech?
Freedom of speech does not include the right:
To incite imminent lawless action. Brandenburg v. Ohio, 395 U.S. 444 (1969). To make or distribute obscene materials.
What are the limits of the First Amendment in criminal law?
The First Amendment does not protect violent or unlawful conduct, even if the person engaging in it intends to express an idea. United States v. O'Brien, 391 U.S. 367, 376 (1968). The First Amendment does not protect speech that incites imminent violence or lawlessness.
What are two rights in the First Amendment?
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
First Amendment Limitations | Fox 17 Know the Law
When can right to freedom be limited?
It must be decided that the speech is a nuisance in regard to its time, place, or manner of delivery, such as creating a clear and present danger. If there is a problem with the time, place, or manner of delivery of the speech, Congress has the right to limit such speech.
What is not allowed in freedom of speech?
Freedom of speech isn't absolute; it doesn't cover categories like incitement to imminent lawless action, true threats, defamation (libel/slander), obscenity, fraud, or child pornography, as these can cause direct harm or violate others' rights, though \"hate speech\" itself is generally protected unless it falls into these unprotected categories. Speech in specific contexts, like schools, also faces more limits.
What is the 2 term limit amendment?
The Twenty-second Amendment (Amendment XXII) to the United States Constitution limits the number of times a person can be elected to the office of President of the United States to two, and sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.
What are some limits to the Second Amendment?
The Court's first foray into modern Second Amendment jurisprudence, in the Heller case, affirmed that many types of gun control laws were presumptively lawful, including bans on possession of firearms by felons and the mentally ill, bans on concealed carry, bans on dangerous and unusual weapons, restrictions on guns in ...
Is the f word protected speech?
Yes, the "f-word" (profanity/obscenity) is generally protected speech under the First Amendment, as the Supreme Court has ruled that offensive or vulgar words alone aren't enough to restrict speech; however, it loses protection if it crosses into unprotected categories like "fighting words" (direct personal insults likely to provoke violence), true threats, or is part of obscenity, though courts have narrowed these exceptions significantly, as seen in the Brandi Levy case where school-related online swearing was protected.
What are the limitations on freedom?
Freedom of expression is limited, most notably as it pertains to the violation of moral values and to the transmission of messages that incite hatred and violence (racism, discrimination, etc.) Access to information is an important aspect of the right to the free exchange of ideas and information.
What are the weaknesses of the First Amendment?
The First Amendment does not protect violent activity. Those engaged in riotous conduct – breaking windows, vandalizing the Capitol and its contents, assaulting officers, using bear spray, etc. – can't invoke the First Amendment as a defense to these criminal acts.
What are the limits of the human right to freedom of expression?
Restrictions on freedom of expression come in many forms including Criminal Code and Human Rights provisions limiting hate speech, municipal by-laws that regulate signage or where protests may take place, civil defamation (libel) actions, and restrictions placed on press freedoms.
What are the limitations of the right to freedom of speech and expression?
Common limitations or boundaries to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, hate speech, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, the right to privacy, dignity, the right to be forgotten, ...
What are three limitations placed on freedom of speech and press?
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 ...
How has free speech been limited?
Speech also becomes unprotected when it is used to promote imminent violent or lawless action. This exception, also known as incitement, originated from a 1969 case called Brandenburg v. Ohio. In that case, the Court distinguished between mere advocacy of lawless behavior and incitement to imminent lawless action.
What are two limitations to the First Amendment?
Yes, there are limits to the protections afforded by the First Amendment. Whether speech is protected requires a detailed, fact specific analysis. In general, the First Amendment does not protect individuals from engaging in violence, true threats, the incitement of violence and harassment.
Why can't felons have guns?
One is the civic virtue theory, which states that at the time of the Constitution's ratification, it was understood that those who did not possess civic virtue, those who were lawbreakers, were not included within the class of "the people" who would have been entitled to possess a gun.
Which Amendment gives the right to overthrow the government?
“From the floor of the House of Representatives to Truth Social, my GOP colleagues routinely assert that the Second Amendment is about 'the ability to maintain an armed rebellion against the government if that becomes necessary,' that it was 'designed purposefully to empower the people to be able to resist the force of ...
What are the limits of the 2nd Amendment?
The Second Amendment right to bear arms has significant limitations, established by Supreme Court precedent (like Heller and Bruen) and historical understanding, allowing for bans on felons/mentally ill, restrictions in sensitive places (schools, government buildings), limits on certain weapons (e.g., cannons, military-grade), and regulations on commercial sales and concealed carry, but the right generally protects carrying firearms for self-defense outside the home, subject to reasonable restrictions based on public safety, say experts from Columbia University and Giffords.
Can a president pardon themselves?
O.L.C. Supp. 370, 370 (1974) (opining during the Nixon Administration that a President may not pardon himself based on the fundamental rule that no one may be a judge in his own case ).
What is Joint Resolution 27?
President Franklin D. Roosevelt died suddenly in 1945, only five months after his election to a fourth term. Two years later, Congress passed a joint resolution proposing a constitutional amendment, limiting individuals from serving more than two terms as president.
What exactly does "free speech" mean?
Freedom of speech is the right to articulate opinions and ideas without interference, retaliation or punishment from the government. The term “speech” is interpreted broadly and includes spoken and written words as well as symbolic speech (e.g., what a person wears, reads, performs, protests, and more).
Does banning books violate the First Amendment?
Removing a book from a public school curriculum or library or restricting access for some students may violate the First Amendment rights of students and others who have a right to receive information and ideas contained in those books.
What does the 1st Amendment say?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.