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What is the distinction between protected speech and unprotected speech under the law?
Protected speech refers to forms of expression that are safeguarded by the First Amendment, such as opinions, beliefs, and political statements. Unprotected speech, on the other hand, includes categories like obscenity, incitement to violence, and defamation, which are not shielded by the law and can be subject to legal restrictions.
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What is example of protected and unprotected speech?
The Courts have ruled over time that most, but not all, speech is protected by the Court system. The unprotected forms of speech are generally * sedition (presenting a clear threat to overthrow the government), * obscenity (mostly just hard-core or child porn) * "fighting words," (those which incite a hostile reaction) * defamation (slander or libel against a public figure), * some commercial speech (what businesses advertise, etc) (taken from RioSalado Online, POS222 American Constitution)
Unprotected Speech most important what happen if is protected?
It is very important that some speech be unprotected. If something like slander were legal, then it would be free reign for those trying to spread outright lies about innocent individuals.
What are the different kinds of speech that the Supreme Court has identified?
The Supreme Court has identified three types of speech: fully protected speech, which includes political or artistic expression and is protected by the First Amendment; partially protected speech, which includes commercial speech and is subject to certain restrictions; and unprotected speech, such as obscenity, defamation, and speech that incites violence, which is not protected by the First Amendment.
What part of speech is the word distinction?
The word "distinction" is a noun. It refers to a difference or contrast between similar things, or a recognition of excellence or uniqueness.
What speech is protected and which speech is not protected?
censorship of information before it is published is called
What is speech plus conduct?
Speech plus conduct refers to the idea that certain forms of speech, when combined with accompanying actions, may lose protection under the First Amendment. This concept is used to determine whether certain expressive activities, such as demonstrations or protests, are protected or unprotected based on the context in which they occur.
Which of these is a type of speech that is unprotected under the First Amendment?
Sedition
Which kind of speech is the least protected?
political speech
Do courts traditionally give the right of free speech?
Yes, courts traditionally uphold the right to free speech, particularly in democratic societies like the United States, where the First Amendment protects this right. However, this protection is not absolute; courts often draw distinctions between protected speech and unprotected categories, such as incitement to violence, obscenity, and defamation. Judicial interpretations can vary, but the overarching principle remains that free speech is a fundamental right, crucial for fostering open discourse in society.
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.
Which of the liberties protected by the Constitution illustrates the intimate relationship between individual and community life favored by the Constitution's framers?
freedom of speech
