All sourcesEncyclopediaPolitical speech and criticism of the government
Symbolic speech (flag burning, wearing armbands)
Commercial speech (advertising), though with less protection
Offensive or unpopular speech
True threats and incitement to imminent lawless action (Brandenburg v. Ohio)
Fighting words directed at an individual likely to provoke violence
Obscenity (as defined by the Miller test)
Defamation (knowingly false statements of fact that harm someone's reputation)
Child pornography
Establishment Clause: The government cannot establish an official religion or favor one religion over another
Free Exercise Clause: The government cannot prohibit the free exercise of religion
Religious organizations receive tax-exempt status under Section 501(c)(3)
The press has the right to publish information without government censorship (prior restraint)
Public officials must prove "actual malice" to win defamation suits (New York Times v. Sullivan, 1964)
Shield laws in many states protect journalists from being forced to reveal confidential sources
The First Amendment: Freedom of Speech, Religion, and Press
Federal & State Law Editorial Team
Overview of First Amendment protections including free speech, religious liberty, press freedom, and the right to peacefully assemble.
The First Amendment
Text
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.
Freedom of Speech
The First Amendment protects most forms of expression from government interference:
Protected Speech:
Unprotected Speech:
Important: The First Amendment only restricts the government, not private companies. A private employer or social media platform can restrict speech on its property.