Question

what do courts try to determine before they rule on whether the governmemt can limit first amendment free speech rights in a a certain situation

Answer 1

whether one person's exercise of free speech would infringe on other citizens' rights

Step-by-step explanation:

For example, Let's examine 2 scenarios.

- In first scenarios, a group of people held a peaceful protest outside a government building to protest a certain decision.

Nobody was hurt by their action and no properties were destroyed during the protest. Their action in this scenario is considered as a valid exercise of your free speech, since they do not violate citizen's right.

- In second scenario, that group of protesters started a riot. They want the government's attention, so they start destroying Cars, stores and public properties around them.

This will hurt people who has nothing to do with the conversation and just trying to make a honest living. In this scenario, their exercise of free speech will not considered as valid since they infringed other people's rights during the process.