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Which of the following are not protected speech under the first amendment? select all that apply

A) Fighting words
B) Prior restraint
C) Libel

1 Answer

6 votes

Final answer:

Fighting words and libel are not protected by the First Amendment, while prior restraint is a legal principle relating to prohibition before speech is made. Option A & B are the correct answers.

Step-by-step explanation:

The speech types that are not protected under the First Amendment include fighting words, which are utterances that inflict injury or incite an immediate breach of the peace as established in Chaplinsky v. New Hampshire. Additionally, libel, which is false written statements that defame someone's character, is also not protected, allowing individuals targeted by such statements to sue for damages. Prior restraint, however, is not a type of speech but a legal principle that prohibits the government from prohibiting speech or publication before the fact, and It differs from punishing speech after it is expressed, which can be constitutionally permissible.

Certain speech types are excluded from First Amendment protection, including fighting words, causing immediate harm or breaching peace as per Chaplinsky v. New Hampshire. Libel, false written statements defaming character, is also unprotected, enabling legal action. Prior restraint, distinct from punishing speech post-expression, is a legal principle barring the government from prohibiting speech before the fact, ensuring a nuanced approach to constitutional rights.

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