What is NOT protected under the freedom of speech?

Freedom of speech series part 2

While the First Amendment states that, "Congress shall make no law...abridging the freedom of speech," the courts have ruled that some forms of speech are not protected by the First Amendment.

Unprotected speech generally includes:

Defamation: False statements that damage reputation, made with the intent to cause harm.

Blackmail: Demanding payment or another benefit in return for withholding damaging information.

Obscenity: Judged by current community standards, content that depicts sexual conduct in an offensive way and lacks "serious literary, artistic, scientific, or political value" (Miller v. California, 1973).

Child pornography: Any visual depiction of sexually explicit conduct involving a person under the age of 18.

True threats: A serious expression of intent to commit an unlawful act, intended to place a victim in fear of bodily harm or death.

Fighting words: Words that inflict injury and tend to incite an immediate breach of the peace.

Incitement: Speech that is directed toward a specific person or group, and calls for immediate, lawless action with the expectation that the speech will lead to such lawless action.

Solicitation to commit crimes: Convincing someone else to commit a crime.

Perjury: Lying under oath.

Plagiarism: Copying another person's speech, writing, or art without permission.

Harmful commercial advertising: Advertisements that are dishonest or promote unlawful or harmful practices.

The First Amendment is not meant to apply to private individuals, businesses, and organizations in the same way it applies to government. For example, under current law privately owned social media platforms may choose to regulate speech according to their own guidelines.

Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses acceptance of an idea. That is why freedom of speech, though not absolute, is nevertheless protected against censorship of punishment... (Terminiello v. Chicago, 1949).

Be a conscious consumer. Understand the freedoms and limits of the First Amendment.

Sources:

U.S. Department of Justice: “Criminal division subject areas,” https://bit.ly/3PVWrel

Freedom Forum: “What speech is protected by the First Amendment?” https://bit.ly/467egwI

Congressional Research Service: “The First Amendment: Categories of speech,” https://bit.ly/46zqkqx

University of Wisconsin-Milwaukee: “Free speech, rights and responsibilities FAQ,” https://bit.ly/46xr4fx

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