Quote Originally Posted by thirdperson:
Although free speech is a fundamental right, it is not absolute. Some restrictions are legitimate. According to 1st amendment, not protected exceptions include obscenity, fraud, real threat and speech in criminal conduct. Trump is a threat to democracy by undermining fair election with baseless accusations and inciting of violence.
AGREED.
There are "reasonable" restrictions to free speech and Freedom of Expression,
and there SHOULD BE! 
United States free speech exceptions
Wikipedia: https://tinyurl.com/kjuyxdd
1 Incitement
The Supreme Court has held that "advocacy of the use of force" is unprotected when
it is "directed to inciting or producing imminent lawless action" and is "likely to incite or
produce such action"
Additionally, if a "clear and present danger" is present, could justify a law limiting speech.
2 False statements of fact
The Supreme Court has established a complex framework for determining which types
of false statements are NOT protected by the first Amendment:
1/ false statements of fact that are said with a "sufficiently culpable mental state"
2/ knowingly making a false statement of fact. Libel, defamation, and slander laws
3/ negligently false statements of fact may lead to civil liability in some instances.
4/ some implicit statements of fact—those that have a "false factual connotation"
5/ Perjury
3 Obscenity
The basis for this exception is that justices have believed that obscenity has a
"tendency to exert a corrupting and debasing impact leading to antisocial behavior"
4 Child pornography
This should be self-evident.
5 Fighting words
Fighting words, as defined by the Court, is speech that "tends to incite an immediate
breach of the peace" by provoking a fight, so long as it is a "personally abusive which,
when addressed to the ordinary citizen, is, as a matter of common knowledge,
inherently likely to provoke a violent reaction"
6 Threatening the President of the United States
" This also applies to any "President-elect, Vice President or other officer next
in the order of succession to the office of President, or Vice President-elect."
(Nancy Pelosi is 2nd in line behind the President)
7 Speech owned by others
copyrights, trademarks, or plagiarism
8 Commercial speech
ie, false advertising
Hot Forum Topics
