What Speech isn’t protected by the 1st Amendment?

The Supreme Court has interpreted the 1st Amendment to not protect all forms of speech. 

The types of speech receiving limited or incomplete protection include:

• Obscene Speech, 
• Fighting Words, 
• Commercial Speech, 
• Defamation, and 
• Political Speech.

Why does some speech receive limited or no protection under the 1st Amendment?

In essence, whether a form of speech receives protection under the first Amendment is a balancing act.

That is, the court will balance the rights of the individual against the potential harm to or effect upon the rights of others. 

Because the freedom of speech is a fundamental right, the Government cannot limit speech without a compelling government interest justifying the restriction. 

Pursuant to this understanding, statutory and common law often prohibit or limit the protections offered to: Obscene Speech, Fighting Words, Commercial Speech, Defamation, and Political Speech. 

Related Concepts

• What is the 1st Amendment?
• What are the Establishment Clause and Free Exercise Clause
• How does freedom of religion affect business practice?
• What is the protection of Freedom of Speech?
• Overbreadth and Overly Broad Laws
• Freedom of the Press
• Freedom of Assembly