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THE FIRST AMENDMENT GENERAL OVERVIEW

Most people think "I can say whatever I want its a free country" or "with free speech I can say whatever is on my mind." While this may be physically true, legally free speech can be costly. Most people I have met in my life really don't know much about the first amendment free speech. As Attorney Steve points out in the video "Free speech is not absolute." Speech can be regulated, prohibited, or outlawed in certain instances making your speech potentially illegal resulting in civil fines, penalties, damages, lawsuits, or worse yet, criminal violations such as a misdemeanor or potentially a felony.

Some areas that are "not absolute" are:

1. Hate speech (can you put hateful or offensive words on a state vanity license plate)?

2. Fighting words

3. Clear and present danger / inciting riots (I think we are learning something about this these days)

4. Defamation (libel / slander)

5. Disclosure of trade secrets or breaching nondisclosure agreements

6. Obscenity

7. Certain commercial speech (ex. false advertising)

Watch this video so you can be ONE UP on your friends who do not truly understand the 1st amendment, or how it requires a "state actor" in most cases, or how the 1st amendment is incorporated into the 14th amendment and made applicable to the states or fail to understand the "strict scrutiny" test for laws that infringe on, or impinge free speech rights keeping in mind that reasonable "time, place and manner" regulations on free speech (not directed toward the content of the message) will normally be upheld as constitutional.


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