Constitutional Law
Freedom of Speech
Definition
The First Amendment's Free Speech Clause protects expression from government restriction. Content-based restrictions on speech receive strict scrutiny, while content-neutral time, place, and manner restrictions receive intermediate scrutiny. Certain narrow categories of speech — obscenity, true threats, incitement, fighting words — receive limited or no protection. The government may regulate speech in non-public forums with reasonable restrictions but has far less latitude in traditional public forums.
Example
A city ordinance bans all political signs. As a content-based restriction on core political speech, this receives strict scrutiny and is likely unconstitutional.