Episode #57
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
Show Notes Page For This Episode
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.
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Legalese is a podcast that discusses all things constitutional law as well as current events in areas of law, politics & culture.
00:00 Intro
11:42 Incitement
14:57 True Threats
21:08 Fighting Words
35:05 Obscenity
36:34 Defamation
37:51 Fraud and Perjury
38:55 Speech Integral To Criminal Conduct
39:29 What of Hate Speech?
45:57 Outro
46:18 Closing Announcement/Question