1st Amendment and Free Speech/amendment 1 freedom of speech

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Expert: - 5/30/2011


Question
is freedom of speech permitted in any situation? if not what are the consiquences.
for exmaple like cussing at a cop

Answer
Hello,

There are some limits to protected speech.  For example, you cannot incite an angry mob to commit violence.  You cannot conspire with others to commit a crime.  You cannot threaten someone with violence.  You may not commit libel or violate copyrights.  You cannot produce obscene materials.

But cussing generally is protected.  There is a series of cases that discus a "fighting words" exception to the First Amendment.  The idea is that saying something that would have the purpose or effect of starting a fight is not protected.  However, Courts have generally limited this exception to very limited circumstances.  There are quite a few decisions that have held laws against cussing (at a police officer or anyone else) violate a person's First Amendment Rights.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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