Freedom of speech in the United States
From The Art and Popular Culture Encyclopedia
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Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws. Criticism of the government and advocacy of unpopular ideas that people may find distasteful or against public policy, such as racism, are generally permitted. There are exceptions to the general protection of speech, however, including the Miller test for obscenity, child pornography laws, and regulation of commercial speech such as advertising. Other limitations on free speech often balance rights to free speech and other rights, such as property rights for authors and inventors (copyright), interests in "fair" political campaigns (Campaign finance laws), protection from imminent or potential violence against particular persons (restrictions on Hate speech or fighting words), or the use of untruths to harm others (slander). Distinctions are often made between speech and other acts which may have symbolic significance. Efforts have been made to ban flag desecration, for example, though currently that act remains protected speech.
See also
- Areopagitica
- Censorship in the United States
- Clear and present danger
- Fleeting expletive
- Template:Section link
- Free speech fights
- Free Speech, "The People's Darling Privilege"
- Free speech zone
- Freedom for the Thought That We Hate
- Freedom of speech
- Freedom of the press in the United States
- Hollywood blacklist
- House Committee on Un-American Activities
- Imminent lawless action
- Indian removal
- New York Times Co. v. United States
- Orwell's list
- Public Broadcasting Act of 1967
- Right to petition
- School speech
- Shouting fire in a crowded theater
- Speech code
- Threatening the president of the United States