What does the Constitution say about free speech?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
What are the constitutional limits of free speech?
Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, food labeling, non- …
Can free speech be limited under the US Constitution?
The Supreme Court has held that restrictions on speech because of its content—that is, when the government targets the speaker’s message—generally violate the First Amendment. There are generally three situations in which the government can constitutionally restrict speech under a less demanding standard.
Where is free speech protected in the Constitution?
The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference.
What law is freedom of speech?
The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely.
Can freedom of speech be limited?
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial …
What is hate speech legally?
Hate speech is defined by the Cambridge Dictionary as “public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation”. In some countries, hate speech is not a legal term.
Does the 1st Amendment apply to social media?
The text of the First Amendment itself only prevents Congress (i.e., U.S. Congress) from making laws that restrict the freedom of speech. In other words, a private person or private company (such as a social media company) cannot violate your constitutional free speech rights, only the government can do so.
Does First Amendment protect all forms of speech?
While many Americans know that they have a right to free speech, the lay opinion often views the degree of protection afforded by the United State Constitution as much broader than it is in reality. The First Amendment does not protect all types of speech.