Congressional Digest

Supreme Court Debates September 2023 No. 6 Vol. 26
Content-Based Speech Restrictions

Internet Threats

Defining the Boundaries of Free Speech

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Content-Based Speech Restrictions

Overview of Supreme Court Precedent

While content-based restrictions on protected speech are presumptively unconstitutional, the Supreme Court has recognized that the First Amendment permits restrictions upon the content of speech falling within a few limited categories, including obscenity, child pornography, defamation, fraud, incitement, fighting words, true threats and speech integral to criminal conduct. …

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