Final answer:
The First Amendment protects free expression by ensuring freedom of religion, speech, press, and the right to assemble. However, it does not protect speech that incites illegal acts, constitutes “fighting words,” genuine threats, or defamation. The protection also varies for symbolic speech versus spoken or written communication.
Step-by-step explanation:
Under the First Amendment, free expression is protected through several key provisions that safeguard individual freedoms. Specifically, the First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It expressly prohibits Congress from establishing a national religion, ensuring free freedom of speech, guaranteeing a free press, and upholding the right to peacefully assemble.
While the First Amendment provides substantial protection for free expression, it is not absolute. Certain types of speech, like incitement of criminal acts, “fighting words,” genuine threats, and defamation (libel and slander), are not protected. Additionally, symbolic speech, which includes actions rather than words, is granted lesser protection, especially if it involves illegal conduct or violates other laws.
In the context of Schenck's actions and whether they are protected by the First Amendment's free speech clause, it is essential to distinguish between protected speech and actions that may fall into unprotected categories such as incitement to imminent lawless action or clear and present danger to public safety.