Freedom of Speech: Fully, Limited and Unprotected Speech
Just How Protected is Our Free Speech?
Fully Protected Speech
Fully protected speech is speech that the government cannot stop or even put regulations on. For example, political speech falls under this category. The government should not be able to pass any laws forbidding citizens to citizen current administrations.
Limited Protected Speech
Offensive speech only received limited protection in the fact the government cannot stop or forbid the speech, but the government can put limits on the times, places and ways in which it occurs. For example, the law can dictate when offensive language is allowed or not allowed on TV, reserving more offensive speech for when young children would less likely to be exposed to it.
Commercial speech or advertising is now limited in that the law declares that promises and claims made about products and services be true. This would explain why you see very tiny print or hear someone speaking terms and conditions quickly at the end of an advertisement.
Unprotected Speech
Some speech although not forbidden by law is not protected at all by the first amendment. Speech that incites danger such as yelling "bomb" when there is no bomb or similarly "help" or "fire" when is not applicable falls under this category. Words that are meant to provoke a normal person to physically fight is not OK. That type of speech includes threats of bodily, financial or emotional harm. Any type of speech that provokes or is intended to overthrow the government is unprotected. Child porn is definitely not a protected form of speech, symbolism or literature. Obscene speech includes anything that is considered awful by a majority of society, including racist commentary and speech that depicts sexual acts which violate local or state laws. The challenge is that although the Bill of Rights protects the ability to speak one's mind, state governments are free to interpret what obscene speech means in that state.
Published by H. Gal
H. Gal specializes in helping individuals and businesses get done what needs to be done now at prices they can afford. She has been writing for over 15 years for both online and offline publications and hold... View profile
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1 Comments
Post a CommentVery nicely done Misty. There are so many people who actually believe they can say anything they want anywhere they want at any time they want. One thing that sickens me to no end is protestors outside a private funeral for a fallen member of the military.