Who protects freedom of speech?

What free speech isn't allowed?

While the First Amendment protects a broad range of expression, it doesn't shield speech that incites imminent lawless action, constitutes true threats, is obscene, defames others (libel/slander), or is integral to criminal conduct like fraud, with specific categories like child pornography and certain commercial speech also excluded. Even offensive or unpopular speech, including hate speech, is generally protected, but speech that crosses into these unprotected areas can face legal limits, often clarified by courts.
 

Does the US Constitution protect freedom of speech?

For over two centuries the Constitution has remained in force because its framers successfully separated and balanced governmental powers to safeguard the interests of majority rule and minority rights, of liberty and equality, and of the federal and state governments.

What are three types of speech that are not protected?

The Court generally identifies these categories as obscenity, defamation, fraud, incitement, fighting words, true threats, speech integral to criminal conduct, and child pornography.

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 does the 3rd Amendment protect?

Amendment Three to the Constitution was ratified on December 15, 1791. It forbids the housing of any military service member in private homes without the consent of the owner.

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 considered 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. 

When can speech be banned?

The right to freedom of speech is protected by the First Amendment of the US Constitution. Most categories of speech are “protected” to some extent by the First Amendment, but there are exceptions, including things like incitement, true threats, defamation, obscenity, fraud, and others.

What are the five freedoms?

The First Amendment protects five key freedoms:

• Freedom of Religion.
• Freedom of Speech.
• Freedom of the Press.
• Freedom to Assemble.
• Freedom to Petition.

What type of speech is the most protected?

The First Amendment provides the greatest degree of protection to political speech, disallows discrimination against speech based on viewpoint, and generally prohibits the passage of vague or broad laws that impact speech.

What does the ACLU do?

The ACLU (American Civil Liberties Union) defends and preserves individual rights and liberties guaranteed by the U.S. Constitution, working through lawsuits, lobbying, and community organizing to protect free speech, privacy, equality (including for women, immigrants, and LGBTQ+ individuals), voting rights, and reproductive freedom, while also advocating for criminal justice reform and opposing government overreach, surveillance, and discrimination. They tackle major civil liberties issues by challenging laws and government actions that infringe on constitutional rights, aiming to uphold democracy for everyone. 

Is it illegal to make racist comments?

In the U.S., racist comments are generally protected speech under the First Amendment, even if offensive, but they become illegal when they cross into specific categories like true threats, incitement to imminent violence, defamation, or fighting words, or when they become part of discriminatory actions in employment, housing, or public services, leading to civil rights violations or hate crimes. So, while yelling slurs on the street usually isn't a crime, using racist language to deny someone a job or threatening violence is illegal. 

Is cussing 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 ...

What is considered unprotected 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”).

Which form of speech has the least protection?

These include the lewd and obscene, the profane, the libelous, and the insulting or “fighting” words — those which, by their very utterance, inflict injury or tend to incite an immediate breach of the peace.

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.

Does the Constitution protect freedom of speech?

The First Amendment of the United States Constitution protects individuals' freedom of speech and expression, stating: “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 ...

What does article 7 of the U.S. Constitution say?

Article VII of the U.S. Constitution is about the ratification process, stating that nine of the thirteen states needed to approve it through special state conventions for the Constitution to become the law of the land, replacing the Articles of Confederation. It established the conditions for the new government to take effect and included the date the Constitution was signed (September 17, 1787).