Freedom of speech is a basic right of an American citizen according to the United States Bill of Rights. Like all things, however, freedom of speech isn’t actually free. There are exceptions and restrictions to this rule.
1. False statements of fact
Libel and slander are the main types of speech that are unprotected in this category. Knowingly stating a falsehood is not protected by the First Amendment. False statements of fact is still a fuzzy category, as falsehoods about the government are generally protected but false historical and medical claims are sometimes protected but sometimes not.
Case that made this an exception: Gertz v. Robert Welch, Inc.
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2. Obscenity
This type of speech is punishable when it undergoes an evaluative process called the Miller test, which analyzes obscene content, how offensive the material is depicted, and whether it lacks any serious literary, artistic, political, or scientific value.
Case that made this an exception: Miller v. California
3. Fighting Words and Offensive Speech
Words that are intended to incite violence or provoke fights are unprotected by the First Amendment and punishable. Additionally, using personally abusive words towards someone is unprotected with this exception. Perhaps the most subjective of the exceptions to the First Amendment, fighting words and offensive speech have been at the center of many recent events. These types of speech are protected under the First Amendment if the words are deemed to satirical or recognized as hyperbole.
Case that made this exception: Chaplinksy v. New Hampshire
4. Speech Owned by Others
Speech is restricted when it comes to intellectual property rights. Essentially, this exception states that plagiarism is not protected by the First Amendment.
Case that made this exception: Harper & Row v. Nation Enterprises
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There has been a lot of discussion and controversy regarding the First Amendment right to freedom of speech with current events. Some consider certain words to be hateful, offensive, and fighting words, and want people to stop saying them. Others believe that they have a right to say those words, and shutting them down would be an infringement upon their rights.
As subjective as the right to freedom of speech is, it would do everyone well to brush up on the exceptions to the First Amendment and realize that some speech is, in fact, not free, and punishable by law.