{"id":30884,"date":"2021-06-29T11:06:12","date_gmt":"2021-06-29T16:06:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment1\/first-amendment-limits--obscenity.html"},"modified":"2024-08-07T15:12:09","modified_gmt":"2024-08-07T20:12:09","slug":"first-amendment-limits-obscenity","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment1\/first-amendment-limits-obscenity.html","title":{"rendered":"First Amendment Limits: Obscenity"},"content":{"rendered":"\n
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First Amendment Limits: Obscenity<\/h1>\n\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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The First Amendment protects our right to free speech, but the U.S. Supreme Court has determined this protection doesn\u2019t extend to several categories of unprotected speech, including obscenity. In this article, we review the Court\u2019s decisions that have shaped First Amendment law with respect to obscene material.<\/p>\n\n <\/div>\n\n\n\n

The First Amendment to the Constitution<\/a> reads in part, \u201cCongress shall make no law … abridging the freedom of speech, or of the press.\u201d<\/p>\n

The First Amendment<\/a> rights to free speech<\/a> and a free press<\/a> begin as a prohibition on Congress<\/a> passing laws restricting these freedoms. The Supreme Court has expanded First Amendment rights to encompass all forms of government action at every level through the passage of the Fourteenth Amendment<\/a> and caselaw.<\/p>\n

In other words, First Amendment rights are protected from government restriction. This generally applies to government regulation of private expression. It doesn\u2019t constrain government speech<\/a>. Additionally, speech restrictions imposed by private entities are generally not subject to First Amendment limitations.<\/p>\n

The Court has also determined that speech protected by the First Amendment includes performances, the written word, and other forms of expressive conduct. For example, donning an armband to protest a war and refusing to salute the American flag are both forms of speech or expression<\/a> protected by the First Amendment.<\/p>\n

Similarly, the right to a free press isn\u2019t just a protection for media outlets. Essentially, it safeguards the right of all individuals to share and receive information, news, and ideas. The right to a free press means that, in general, the government cannot stop the press from disseminating information.<\/p>\n

Limits on the First Amendment<\/h2>\n

Indeed, First Amendment rights are not without limitations. The Supreme Court has established several circumstances in which government regulation of speech is consistent with the First Amendment.<\/p>\n

It has also developed frameworks and legal standards<\/a> for determining whether speech restrictions violate the First Amendment. Their application varies depending on the circumstances.<\/p>\n

However, they generally weigh the state interest served by the restriction against the First Amendment rights burdened by it. Strict scrutiny<\/a> is the most difficult standard to satisfy. It requires the restriction to serve a compelling state interest in the least restrictive manner available.<\/p>\n

Unprotected Speech<\/h2>\n

The Court has established certain categories of speech that the First Amendment doesn\u2019t protect. This means the government can restrict and penalize unprotected speech without violating the First Amendment.<\/p>\n

Categories of unprotected speech established by the Supreme Court include:<\/p>\n