Show Notes - Ultimate Constitutional Law Guide To Unprotected Speech
Watch Episode #57 - Ultimate Constitutional Law Guide To Unprotected Speech
Description
Today On Legalese we are going to be discussing the 7 categories of speech that are not protected under the first amendment:
Incitement
True Threats
Fighting Words
Defamation
Obscenity
Fraud and Perjury
Speech Integral To Criminal Conduct
This episode was created to be the ultimate guide to unprotected speech within our modern legal framework according to the First Amendment's protections of speech, expression and conduct.
There are a great deal of misconceptions and misinterpretations of what classes or categories of speech fall outside the bounds of first amendment protection. In order to minimize, if not wholly eliminate the common causes of such misunderstandings and misinterpretations, I have done my best to excise any discussion that relies on contested claims or personal opinions, including my own.
We look specifically and comprehensively at those categories of unprotected speech in constitutional law which the courts have concluded to be well-established exceptions. We look at the landmark cases that have established these categories and derive definitions, principles, doctrines and legal tests through a textual analysis of the controlling opinions of the court to provide everyone the information they would need to successfully defend their individual rights of free speech, expression and conduct within our existing legal and constitutional framework.
Links
Incitement
True Threats
Fighting Words
GIBSON
Court Finds Calling Male Neighbor a “Redheaded Bitch” Does Not Constitute Fighting Words - Volokh Conspiracy
FABICH
Obscenity
Defamation
Fraud and Perjury
Speech Integral To Criminal Conduct
“Hate Speech”
Harassment
Past Episodes
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