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The First Amendment of the constitution gives the citizens the right to the freedom of speech. This right does not extend to limited protected speech which include threats and intimidation, slander, or conflict with governmental interests.

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9y ago
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13y ago

Conditionally Protected Speech is a sub-clause in our First Amendment right of Free Speech. This protects your individual right unless it infringes upon four criteria, wherein the harmed party can seek an injunction to cease.

1) Libel/Slander; this levies the burden of proof for grounds of Malice unto the Plaintiff. If proven, censorship COULD be enforced.

2) Obscenity/Pornographic material; this one is very subjective, as it's left up to each communitie's board to determine their standard of obscenity. Regarding

Pornography, there must be a redeeming artistic quality to the material.

3) Inciteful Speech will face legal opposition under this clause. In other terms; "Fighting Words."

4) "Commercial Speech" is subject to condition of community and public approval, and overall acceptance. Example of this would be tobacco advertising in the media- it is prohibited. Whereas alcohol may be advertised to the community through media and otherwise.

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Q: What is conditionally protected speech?
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Related questions

What speech is protected and which speech is not protected?

censorship of information before it is published is called


Which kind of speech is the least protected?

political speech


A form of speech protected by the First Amendment is?

symbolic speech.


What form of speech is considered less protected?

The most protected and highly regarded form of speech is core political speech. This is a type of speech that is purely expressive in its nature and has a high importance to a functional republic.


Are emails freedom of speech?

Like written or spoken speech, your words in email are protected by the first amendment. Just like other forms of speech, certain types of statements are not protected, such as threats.


What is protected speech?

The First Amendment of the constitution gives the citizens the right to the freedom of speech. This right does not extend to limited protected speech which include threats and intimidation, slander, or conflict with governmental interests.


Freedom of speech should be preserved at all times?

Hate speech and speech likely to incite violence are not protected .


Is hate speech protected under the First Amendment?

All speech is protected under the first amendment. However racial segregation or profiling is banned by the constitution.


Which type of speech is not protected by the first amendment?

constitution


Which fundamental right is protected in this excerpt?

Freedom of speech


Is free speech and religion protected in the constitution?

yes


How can fighting words be distinguished from protected forms of speech?

Fighting words can be distinguished from protected forms of speech by know the meaning of fighting words. Fighting words are a form of speech that is not protected by freedom of speech. These words are considered to intentionally aggravate or provoke another individual to begin a fight or cause emotional distress or bodily harm to them.