Final answer:
Constitutional limitations on expression include ensuring laws are content neutral, avoiding vague legislation that causes chilling effects, and using the least restrictive means possible. Exceptions such as obscenity, libel, and incitement to violence are permissible limitations.
Step-by-step explanation:
Limitations on the Expression of Opinions
While the right to free speech is foundational in liberal democracies, there are constitutional limits on expression to maintain order and protect other citizens' rights. The Supreme Court mandates that restrictions on speech must meet certain standards to be considered constitutional.
Content Neutral Laws
Laws that limit speech must apply to all forms of content without discrimination. For instance, if a city bars all flyers on telephone poles rather than targeting specific content, it adheres to being content neutral. However, some content-based restrictions are allowed, for example, obscenity, libel, fighting words, and speech promoting governmental overthrow.
Preventing the Chilling Effect
Legislation cannot be so vague as to deter individuals from speaking out. A law that leads people to silence themselves more than what the law intends creates a chilling effect, which the Court deems unconstitutional. Clarity in laws governing expression prevents unnecessary self-censorship.
Least Drastic Means
When limiting speech, the government must use the least restrictive means to achieve its objectives. Instead of completely banning parades, a city might regulate their timing and require notices, which would be less infringing on freedom of expression.
Exceptions to Free Speech
There are specific exceptions to free speech protection, such as when speech goes against public interests, is harmful, or incites violence. The paradox of tolerance discusses the dilemma of balancing free expression with the need to restrict harmful or intolerant discourse.
An example of a constitutional limitation on speech is a city ordinance that mandates permits and scheduled times for public demonstrations to ensure public safety without unduly quashing public expression.