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The Bill of Rights in the National Archives. In the United States, some categories of speech are not protected by the First Amendment.According to the Supreme Court of the United States, the U.S. Constitution protects free speech while allowing limitations on certain categories of speech.
The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, [6] prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. [7]
Counterspeech is a tactic of countering hate speech or misinformation by presenting an alternative narrative rather than with censorship of the offending speech. It also means responding to hate speech with empathy and challenging the hate narratives, rather than responding with more hate speech directed in the opposite direction.
This is why the First Amendment is not relevant in regards to Twitter’s ban on the former president, he says, because just like the hypothetical restaurant, Twitter is a private business.
Although the First Amendment protects free speech, there are exceptions for incitement, defamation, obscenity, fighting words, and true threats. [3] Before the Supreme Court ruling, there were conflicting standards in different states as well as in different federal courts of appeal over how to determine whether a threatening statement is not protected by the First Amendment.
[3] Furthermore, within the doctrine of first amendment protected free speech within the United States, yelling "fire!" as speech is not itself the legally problematic event, but rather, "there are scenarios in which intentionally lying about a fire in a crowded theater and causing a stampede might lead to a disorderly conduct citation or ...
In a separate amicus brief, the Knight First Amendment Institute at Columbia University, Free Press and PEN America also urged the Supreme Court to strike down the federal TikTok ban. In their ...