Understanding The Freedom Of Speech: What It Protects And What It Doesn’t
Description
We map the freedom of speech by categories, separating protected ideas from unprotected harms like libel, obscenity, true threats, and incitement, and explain why political speech sits at the core. We also clear up the biggest myth: there is no “hate speech” exception in American law.
• meaning of “the” freedom of speech and core protection for political speech
• libel and slander as tort-like harms outside First Amendment protection
• evolution of incitement doctrine culminating in Brandenburg
• line between ideas and conduct, including true threats
• symbolic speech, flag burning, and viewpoint discrimination
• why hate speech is not a legal category, Terminiello and Matal v Tam
• compelled speech, Barnette, and modern edge cases
• time, place, and manner rules and content neutrality
• permits, sign regulations, and Citizens United’s narrow holding
• schools, social media, and emerging questions for speech online
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School of Civic and Economic Thought and Leadership
United States
