What are the limitations of the first amendment regarding free speech?
Summary
What email marketers say9Marketer opinions
Marketer from Email Geeks explains that the first amendment allows you to say what you want but does not protect you from the consequences of those words, using the example of yelling "Fire" in a crowded movie house.
Email marketer from Reddit notes that hate speech, while offensive, is often protected unless it incites violence or constitutes a true threat.
Email marketer from Quora explains that the First Amendment does not protect speech that is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.
Email marketer from University of Chicago Law Review explains that 'fighting words,' which are words that inflict injury or tend to incite an immediate breach of the peace, are not protected by the First Amendment.
Email marketer from StackExchange explains that the First Amendment allows for some regulation of commercial speech, particularly false or misleading advertising.
Email marketer from Reason.com explains that free speech rights are not absolute and must be balanced against other important interests, such as national security, public safety, and individual privacy.
Email marketer from Reddit explains that while the First Amendment protects you from government censorship, it doesn't protect you from the consequences of your speech from private entities.
Email marketer from FirstAmendment.com explains that certain categories of speech receive less protection or no protection under the First Amendment, including incitement to violence, obscenity, defamation, and commercial speech that is false or misleading.
Email marketer from Quora explains that the First Amendment does not protect defamation, which is the act of harming someone's reputation by making false statements about them.
What the experts say1Expert opinion
Expert from Spam Resource responds to a question asking if CAN-SPAM conflicts with First Amendment, with an answer explaining the law is constitutional because it doesn't restrict speech, but requires the sender to identify themselves.
What the documentation says4Technical articles
Documentation from Cornell Law School explains that the Supreme Court has recognized certain categories of speech that are not protected by the First Amendment, including incitement to violence, defamation, obscenity, and fighting words.
Documentation from ACLU explains that the First Amendment does not protect speech that incites violence, defamation, or true threats.
Documentation from Stanford Encyclopedia of Philosophy explains that restrictions on speech can be content-based or content-neutral, and the level of scrutiny applied by courts varies accordingly.
Documentation from United States Courts explains that incitement to violence, true threats, defamation, obscenity, and speech integral to criminal conduct are categories of speech that receive no First Amendment protection.
Related resources3Resources
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