Show Notes - Ultimate Constitutional Law Guide To Unprotected Speech

Watch Episode #57 - Ultimate Constitutional Law Guide To Unprotected Speech

Full Transcript


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.



True Threats

Fighting Words




Fraud and Perjury

Speech Integral To Criminal Conduct

“Hate Speech”


Past Episodes

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