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You are here: Home > Law > Free Speech Free SpeechFirst, a little legal background about free speech in the United States. The First Amendment to the U.S. Constitution gives everyone in this country the right to free speech, unrestricted by government interference. Now, this doesn't mean that government is powerless to act when speech is concerned. For example, governments can set rules about when, where, and how a group can stage a protest march -- and forbid marches to take place at, say, three in the morning with noise levels loud enough to puncture eardrums. These "time, place, and manner" restrictions are fine, as long as they apply to everyone and are reasonable. But, generally, the government can't set rules about the content of communications --what is being said. Certain exceptions to that rules exist, including one for obscenity. This is called "unprotected speech." If something is obscene, the government can regulate it, and criminalize its use. Although the government is not permitted to censor protected speech, that doesn't mean that people aren't liable for what they say and do, especially when they say things about others that can damage their reputation. To learn more about liability for defamatory speech, visit our Defamation Online page. |
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