What is the difference between protected and unprotected speech?

Even though the First Amendment uses the word speech, the U.S. Supreme Court has held that it protects a wide variety of expression. This includes what is known as “pure speech,” meaning the spoken word. The First Amendment also protects expression that is written and expression that is typed and published. It protects symbolic speech or expressive conduct (like burning a flag), and it protects speech plus conduct (like peaceably assembling to engage in protests and boycotts).

There are also a limited number of narrow exceptions to what the First Amendment protects. This includes situations where immediate violence is provoked, someone is unduly intimidated or falsehoods are spread about someone else. They include the following categories:

  • Incitement to imminent lawless action
  • Harassment
  • True threats
  • Defamation
  • Obscenity and child pornography
  • Fighting words
  • Non-expressive conduct