What kind of free speech is limited under the First Amendment?
Under the First Amendment, certain types of free speech are limited or restricted. These limitations include:
1. Incitement to violence: Speech that directly incites or encourages others to commit violent or harmful acts is not protected. The Supreme Court has defined a narrow exception in which speech can be prohibited if it is intended to incite "imminent lawless action" and is likely to do so.
2. Defamation: False statements that harm the reputation of an individual or entity, known as defamation, are not protected. However, public figures have a higher burden of proof to establish defamation than private individuals.
3. Obscenity: Speech that is considered obscene and lacks any redeeming value, as defined by the Miller test, is not protected. The test examines whether the average person, applying community standards, would find the work appeals to prurient interests and lacks serious literary, artistic, political, or scientific value.
4. Fighting words: Speech that directly provokes or incites an immediate breach of peace by insulting or challenging an individual face-to-face is not protected.
5. True threats: Speech that constitutes a genuine threat of violence against an individual or group is not protected. The context, specificity, and intent of the statement, as well as the recipient's reaction, are considered in determining whether a threat is genuine.
6. Hate speech: Generally, hate speech, which includes offensive or discriminatory speech targeting individuals or groups based on characteristics such as race, religion, ethnicity, gender, or sexual orientation, is protected under the First Amendment. However, certain forms of hate speech that involve harassment, incitement, or threats may be limited.
It is important to note that these limitations are subject to interpretation by the courts and that there are ongoing debates about the boundaries and scope of these limitations.