Protected speech means speech that is protected from government regulation and censorship, depending upon the nature of the speech and the nature of regulation.
What are some examples of protected speech?
Eichman), the Court struck down government bans on “flag desecration.” Other examples of protected symbolic speech include works of art, T-shirt slogans, political buttons, music lyrics and theatrical performances. Government can limit some protected speech by imposing “time, place and manner” restrictions.
What is protected speech under the First Amendment?
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.
What are the 4 types of protected speech?
Under common law the U.S. Supreme Court has limited this right by deeming certain types of speech to be outside this protection. They are for the most part: incitement, obscenity, fighting words and offensive speech, and threats.
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.
Who decides nonsensical speech?
Who decides what constitutes “nonsensical” speech? 5. The Principal’s Actions. Both the majority and the dissent agreed that the principal had to make a split-second decision in this case, and therefore should be granted “qualified immunity” from suit for her actions.
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.
Is hate speech protected?
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.