Final answer:
Different kinds of speech have different levels of constitutional protection; political speech typically has the highest, while incitement, fighting words, and threats are less protected. Defamation and symbolic speech also have limited protection. These varying levels ensure a balanced democracy while allowing for public safety and order.
Step-by-step explanation:
Not all speech receives equal constitutional protection. The different kinds of speech include political speech, incitement, "fighting words," threats, defamation (libel and slander), commercial speech, and symbolic speech. Political speech is often considered to receive the highest level of protection because of its essential role in a democracy, aiding the political process and supporting the marketplace of ideas. Conversely, speech that incites criminal activity, constitutes "fighting words," or involves threats receives the lowest level of protection. Defamation, both libel and slander, is not protected under the First Amendment, which means individuals can sue for reputational damage.
Other forms of speech that have less constitutional protection include commercial speech, which must be accurate and non-misleading, and symbolic speech, which is protected to a lesser extent when it involves more action than words. In the case of cross burnings, the expressive act may be unprotected if it violates other laws. Overall, the protection around freedom of speech is essential in a democracy for citizens to be informed and participate fairly and equally in the political process, ensuring a representative government and safeguarding against the concentration of power.