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Free Speech

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Free Speech

The approach to free speech by the Supreme Court in the United States is not wholly

categorical. It is essential to identify the category of speech at issue in determining the First

Amendment standards, which comprise the level of judicial scrutiny. The types of speech that are

protected and upheld by the Supreme Court and the U.S constitution are commercial speech, core

political speech, and expressive conduct. The categories of speech that are not protected are

obscenity, defamation, actual threats, incitement, fraud, and child pornography.

Expressive conduct type of speech is also artistic speech, which is also referred to as

“symbolic speech.” It is a non-verbal form of speech where individuals use to communicate their

speech. Some examples of expressive speech are creating or demolishing an object when

conducted as a statement, putting on clothes with meaningful symbols, and using messages

written in codes, ideas, or computer language structures. On the other hand, commercial speech

is a form of speech that suggests a commercial transaction. It was defined in “Ohralik v. Ohio

States Bar Assn.” it is a speech or writing in place of a business with plans or interests in earning

profit or revenue. For example, a business person selling products would use commercial speech

in marketing or advertising their products. Core political speech is the type of speech that is

highly protected. Political speech is exceptional in cases where an individual suffers or stands

for political office as a candidate, which means they can be subject to substantial speech

regulations.

Obscenity is a form of speech that is not protected or upheld by the constitution or the

Supreme Court in the U.S.A. material referred to as obscene appeals to the “prurient interest in

sex, or depict or offensively describes sexual activities, and lack any artistic, scientific or literary
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value. Child pornography is also not protected since the sale and advertising of pornographic

literature materials are integral to the criminal conduct of such material. Presenting visual scenes

that depict sexual conduct to underage children is limited. Finally, actual threats are also

unprotected in the constitution if there is a severe expression raised by an individual whose

motive is likely to result in unlawful violence to other individuals or a group of individuals. For

example, murder threats to an individual are unprotected in the constitution.