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The First Amendment ( Amendment I) to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
United States free speech exceptions. The Bill of Rights in the National Archives. In the United States, some categories of speech are not protected by the First Amendment. According to the Supreme Court of the United States, the U.S. Constitution protects free speech while allowing limitations on certain categories of speech. [ 1]
The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, [6] prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. [7]
The First Amendment's guarantee of freedom of speech applies to students in the public schools. In the landmark decision Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court formally recognized that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate". [1]
Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. [1] The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
I, XIV. New York Times Co. v. Sullivan, 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision ruling that the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of public officials to sue for defamation. [ 1][ 2] The decision held that if a plaintiff in a defamation lawsuit is a public ...
Michigan Chamber of Commerce (1990) McConnell v. FEC (2003) (in part) Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. The court held 5–4 that the freedom of ...
Texas v. Johnson. Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the Flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech .