The Pros And Cons Of The First Amendment

According to the textbook, “several key restrictions limit our ability to speak or publish opinions under certain circumstances” (page 124). This means that even though under the First Amendment we have the freedom of speech, there are limitations to this freedom. One of the types of speech that is restricted and not protected that the author of the textbook mentions is speech that incites “a criminal act, ‘fighting words,’ and genuine threats” (page 124). This means that if anyone is to say or publish anything that calls for an act of violence and/or any other type of criminal activity, it is not protected under the First Amendment. Restricting speech that leads to violence and any other criminal act is only right so the people the speech
Also, according to the textbook, another type of speech that is not protected by the First Amendment is “defamation of character—whether in written form (libel) or spoken form (slander)” (page 124). For example, if someone was to make a false accusation against someone, their words and their accusation would not be protected by the First Amendment. They would have to be responsible for their actions. The person who has been falsely accused “can sue to recover damages, although criminal prosecutions of libel and slander are uncommon” (page 124). Finally, the last exception to the freedom of expression, involving what one says and publishes is obscenity. Obscenity is “acts or statements that are extremely offensive under current societal standards” (pages 124-125). According to the textbook, the Supreme Court, in 1973, established the Miller test, which helped decide whether or not something was truly obscene (page 125). With the creation of this test, it made it possible, even though it is sometimes tricky, to decide whether or not something is obscene and not protected by the freedom of