Where in the Constitution does it say free speech?
Asked by: Lillie Trantow | Last update: February 19, 2026Score: 4.3/5 (66 votes)
Freedom of speech is located in the First Amendment of the U.S. Constitution, which states, "Congress shall make no law... 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". Adopted as part of the Bill of Rights in 1791, the First Amendment protects individuals' rights to express opinions, even unpopular ones, and includes symbolic actions and the right not to speak, though with some recognized limits.
What does the Constitution say about free speech?
“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.”
What are the 5 limits to freedom of speech?
Five key limits to freedom of speech include incitement to violence, true threats, defamation, obscenity/child pornography, and speech integral to criminal conduct, all of which are generally unprotected because they cause direct harm, incite immediate illegal acts, or involve other serious offenses like fraud or perjury, despite free speech protecting even offensive or unpopular ideas.
Does the 14th Amendment protect free speech?
By virtue of the Fourteenth Amendment, the First Amendment's constitutional right of free speech and intellectual freedom also applies to state and local governments. Government agencies and government officials are forbidden from regulating or restricting speech or other expression based on its content or viewpoint.
What is not protected under free speech?
The Court generally identifies these categories as obscenity, defamation, fraud, incitement, fighting words, true threats, speech integral to criminal conduct, and child pornography. The contours of these categories have changed over time, with many having been significantly narrowed by the Court.
What Are You Allowed to Say - Free Speech Explained
What are the two exceptions to freedom of speech?
Two major categories of speech not protected by freedom of speech are incitement to imminent lawless action (speech intended to cause immediate illegal acts) and true threats (serious expressions of intent to commit violence), with other key exceptions including defamation, obscenity, fraud, and child pornography.
What is illegal free speech?
The following speech may not be protected: Speech that is intended and likely to provoke imminent unlawful action (“incitement”). Statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals (“true threats”).
What does clause 1 of the 14th Amendment say?
Section 1 Rights
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
What are the 5 main freedoms that the First Amendment protects?
First Amendment - Freedom of Religion, Speech, Press, Assembly, and Petition.
What qualifies as hate speech?
Hate speech is communication that attacks or demeans a group or individual based on characteristics like race, religion, ethnicity, gender, or sexual orientation, often inciting hatred, discrimination, or violence, though its legal definition varies, with U.S. law largely protecting offensive speech unless it crosses into threats or incitement, while international standards are stricter. It's characterized by vilification, humiliation, or promoting hostility against protected groups, impacting social cohesion.
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.
Is yelling freedom of speech?
Depending on the circumstances, you could be charged with disorderly conduct. If someone is injured, you could be liable. The First Amendment does protect your right to yell "fire" if there truly is one — or you truly believe there is — and you are trying to warn people of the danger so that they can get to safety.
What is the Free Speech Act of 2025?
“The Free Speech Act of 2025 will prevent the FCC from using its power to unlawfully censor voices or force media companies to align with a political agenda.
Is free speech a privilege or right?
'” The First Amendment, which among other things protects an American's right to free speech, was added to the Constitution as part of the Bill of Rights to strengthen an individual's civil liberties against governmental interference.
What are the constitutional limitations on the freedom of speech?
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 is the Article 1 Section 7 Clause 2?
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the ...
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 does the 4th Amendment protect citizens against?
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
What is the 12th Amendment of the Constitution?
Constitutional Amendments – Amendment 12 – “Electing the President and Vice President” Amendment Twelve to the Constitution was ratified on June 15, 1804. It revises and outlines the procedure of how Presidents and Vice Presidents are elected, specifically so that they are elected together.
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 ...
Who is not protected by the 14th Amendment?
Not only did the 14th Amendment fail to extend the Bill of Rights to the states; it also failed to protect the rights of Black citizens. A legacy of Reconstruction was the determined struggle of Black and White citizens to make the promise of the 14th Amendment a reality.
Do I have the right to travel freely?
The Supreme Court has recognized that the right of interstate movement is a fundamental right protected by the constitution. United States v. Guest, 383 U.S. 745, 767 (1966). The freedom of movement “is the very essence of our free society, setting us apart.
What legally counts as hate speech?
One common definition of hate speech is “any form of expression through which speakers intend to vilify, humiliate or incite hatred against a group or a class of persons on the basis of race, religion, skin color, sexual identity, gender identity, ethnicity, disability or national origin.” Courts have ruled that ...
Is cursing in public free speech?
Obscenity is Not Protected by the First Amendment.
Those rulings have since been overturned, and people now have a Constitutional right to blaspheme as much as they want. Cursing or swearing is not what the courts consider obscenity. Most pornography also falls in the category of protected speech.
What words are not protected by 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 ...