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Rights & liberties

freedom of speech

The government generally may not punish or restrict expression because of its message. A few narrow categories, like true threats and incitement, fall outside protection.

In full

Content-based restrictions face strict scrutiny and rarely survive. The unprotected categories are narrow and defined: incitement to imminent lawless action, true threats, defamation, obscenity, fraud, and speech integral to criminal conduct. Offensive, hateful, and false speech is generally protected, which is the point most often misunderstood.

Where to go next

Written from Constitution Annotated, Library of Congress

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Browse every term in the glossary, or see the vocabulary in motion in the How government works walkthroughs.

A plain-language explanation for civic education, not legal advice. When in doubt, the official source named above controls.