The First amendment and unprotected speech

The Supreme court has ruled that we cannot just say what we want. In other words, the first amendment is not absolute.

Override freedom of speech. Public interest like National Security Personal Safety and Justice Override freedom of speech.

Here are the types of speech that are not protected

another person’s reputation Libel Words to damage another person’s reputation Are not protected by the first amendment

Value, difficult to prove use a community standard Obscenity Words without Value, difficult to prove use a community standard

When the invasion causes Invasion of Privacy When the invasion causes mental distress

copy copyrighted material There are limits on how much of a product you can copy Napster anybody?

other people to break the law You can’t encourage people to When you try to inspire other people to break the law You can’t encourage people to break into a business to steal records

These are words that would Fighting words Hate speech These are words that would cause violence. Again not protected

Clear and PResent Danger WIll the words harm national security Threats or sharing national secrets You cannot yell fire in a crowded theater

Advertise illegal products

Speech that is disruptive to school activities this includes words and actions Was tinker too disruptive?

These are areas that the Supreme court has said should not be protected. Can you think of any others?