Not all speech in the United States is protected

The US protects free speech more broadly than any other democracy

Well-known First Amendment lawyer Floyd Abrams explains that the US offers stronger free-speech protections than even close democratic allies, where hate speech is criminalized, libel laws favor plaintiffs, and a "right to be forgotten" can erase truthful information from the internet.

The US Constitution grants protection for satire

The First Amendment protects satire, though it does not protect defamation. The key distinction is that satire—evident by its hyperbolic language and comedic portraits—is not intended to be believed, even if it's being malicious.

The Supreme Court's first major free-speech ruling rested on a legal standard that was later overturned

In Schenck v. United States (1919), the court introduced the "clear and present danger" test—permitting the government to restrict speech that posed an immediate threat to public safety. Although the doctrine was later replaced, the ruling upheld the conviction of a man who had distributed anti-draft pamphlets.

The First Amendment protects 5 distinct freedoms

Most Americans cite the amendment on free speech, but the First Amendment also protects religion, the press, peaceful assembly, and the right to petition the government—five separate guarantees in a single sentence.

Snyder v. Phelps found that the First Amendment protects speech, even if it is deeply hurtful or inflammatory

When some members of the Westboro Baptist Church, carrying inflammatory signs, picketed the funeral of a fallen Marine, his father sued but lost. The Supreme Court ruled 8-1 that the protest addressed matters of public concern and was protected by the First Amendment.

Brandenburg v. Ohio set the modern standard for when speech can be punished as incitement

A Ku Klux Klan leader's conviction for a threatening speech prompted the Supreme Court in 1969 to rule that speech is punishable as incitement only if it is directed at—and likely to produce—imminent lawless action.

The Supreme Court ruled that burning the American flag is protected speech

In Texas v. Johnson (1989), the court held, 5-4, that flag burning is a form of symbolic political expression protected by the First Amendment—one of the most controversial free-speech rulings in American history.

Free speech has often been restricted in wartime, potentially unconstitutionally

From the Sedition Act of 1798 to the prosecution of anti-war activists during World War I, the US government repeatedly curtailed speech and dissent during wartime—actions widely criticized and, in some cases, later deemed unconstitutional.

Explore important free-speech cases with a First Amendment litigator

Hosted by Ken White, the "Make No Law" podcast explores landmark First Amendment cases—from student speech to defamation—breaking down complex legal battles in an accessible way for lawyers and nonlawyers alike.

Citizens United extended First Amendment protections to corporate political spending

The Supreme Court's 2010 decision struck down limits on independent political expenditures by corporations and other organizations, ruling that such spending is protected speech—a decision that was deeply contested and reshaped campaign finance law.

Justice Oliver Wendell Holmes championed the idea of speech as a 'marketplace of ideas'

In his landmark dissent in Abrams v. United States, Justice Holmes argued that the best way to combat harmful ideas is through open competition—a principle that became foundational to modern First Amendment law.

The Fifth Amendment covers a wide range of legal protections for those accused of a crime

While it is widely known for the right against self-incrimination, the Fifth Amendment also protects against being charged for the same crime twice, requires grand jury indictments for serious crimes, and mandates compensation when the government takes private property for public use.

Section 230 is the law that shaped the modern internet—and free speech online

Passed as part of the Communications Decency Act, Section 230 shields online platforms from legal liability for user-generated content while allowing them to moderate it and host speech freely, making it one of the most debated laws governing free expression today.

In the US, any court can rule on constitutionality—unlike in most other countries

In the American system, known as diffuse judicial review, federal and state courts at every level may assess whether laws comply with the Constitution, and their decisions are ultimately reviewable by the Supreme Court. Many other democracies, by contrast, reserve constitutional review to specialized constitutional courts.

New York Times Co. v. Sullivan transformed libel law and the relationship between the press and public officials

The 1964 case arose when an Alabama official sued The New York Times over a civil rights advertisement he claimed was defamatory. The ruling makes it very difficult for public officials to win libel suits against the press unless they can prove deliberate falsehood.

An 1873 Supreme Court case about slaughterhouses weakened parts of the 14th Amendment

In 1873, the Supreme Court's Slaughterhouse Cases ruled that the 14th Amendment's "privileges or immunities" clause protected only federal—not state—citizenship rights, greatly limiting the amendment's power to safeguard enslaved people from state discrimination.

Photography and video are prohibited in the Supreme Court—but artists are not

Because cameras are banned inside the Supreme Court of the United States, courtroom artists document proceedings through sketches. This exhibition features works from 1964 to today, capturing the human drama of landmark cases and shaping how Americans visualize justice.

US federal law dictates that all ads must not be deceptive

It also dictates that all ads must be “not misleading, and, when appropriate, backed by scientific evidence.” However, enforcing these laws can be difficult given the massive number of ads that run all over America each day. This explainer on the subject from the FTC provides more information.

The rise of the campaign speech

What compels an audience shifts over time, meaning yesterday's popular speeches might not go over the same way if delivered today. However, impactful campaign speeches across time share some qualities, including taking the audience seriously, inviting listeners to engage with or respond to presented materials, and using everyday, informal language. Additionally, US political candidates typically promote themselves in their speeches, an approach initially considered vulgar in Australia and Britain.

The history of curse words

While profane language is frowned upon in many circumstances, it remains an important part of human expression. This article explores the history of taboo words, and how they eventually creeped more into the mainstream. From 19th century Irish folk-saying “bejabbers,” to the dirty language in comedy routines by Lenny Bruce and George Carlin, discover a brief history of the swear words that have now become more prevalent in society.

Read the criteria for federal jury selection and the exemptions and excuses that can get you out of it

Federal jurors must be US citizens, at least 18 years old, proficient in English, and free of felony convictions. Active-duty military, full-time police and firefighters, and certain public officials are fully exempt from service.

Graffiti exists in a legal gray area

"Street art" has become a major seller in the art world, yet many states still consider graffiti to be illegal vandalism. Copyright law complicates the situation further, offering protections for "original works of authorship fixed in a tangible medium of expression," even if they've been created illegally.

The Supreme Court term runs from October to June

The Supreme Court of the United States begins each term on the first Monday in October, alternating two-week sittings and recesses, hearing arguments mainly on Mondays through Wednesdays, and deciding which of thousands of petitions will receive full review.

The US Constitution is widely regarded as the longest-standing written national constitution still in force—see how it has influenced rights worldwide.

The United States is one of only around two dozen countries with a fully federal system of government, in which power is divided between national and state governments.

Explore some of the trademarked scents in the US

Scents, when they are truly unique and identifiable to a particular brand, can be trademarked. Any trademark on a scent must pass two tests: distinctiveness and non-functionality. In order to be trademarked, the scent of a product can't be the primary purpose of that product (like a candle or a perfume), and the scent has to be distinct. Some of the trademarked scents include Play-Doh and the pain-relief patch Salonpas.

American local government comes in five distinct forms

Counties, municipalities, townships, special districts, and school districts are each created for a different purpose, operating under different rules, and answerable to the state in different ways. Special districts, the least known of the group, are created for specific purposes, such as transit or fire protection.

The story of Dollree Mapp, whose legal challenge over her 1957 conviction for possessing "obscene material" led to a major strengthening of the Fourth Amendment

See this overview of the firework rules across all 50 states, ranging from a complete ban on non-professional fireworks in Massachusetts to states with more lax rules like Indiana.

44% of Americans say they pray at least once a day—discover how your state's religiosity stacks up against the rest of the country.

A 2019 Facebook event called on attendees to "Storm Area 51, They Can't Stop All of Us," resulting in countless memes, the creation of a music festival, and eventually the arrests of those who did try to approach the area.

While the first exchange-traded fund (a 'basket' of different assets that can be bought and sold on a stock exchange) in the US only launched in 1993, the global ETF market has grown to more than $10T in the short time since.

Mark Twain spent decades feuding with the US Postal Service, convinced its costs and regulations were bureaucratic overreach.

The rivalry between Alexander Hamilton and Thomas Jefferson centered on federalism—the question of how much power the federal government should hold relative to the states.

SpaceX's S-1 or 'prospectus' revealed many previously unknown details about the company, including its unprofitability despite doing $18.7B in revenue in 2025, exactly how many voting shares Elon Musk will have in the company (roughly 85%), and more.

An investigation suggests a Scottish island became awash in forever chemicals via seafoam and seaspray—raising questions about what that means for the safety of other coastal areas.

Calculate how much of your tax dollars go to each federal program based on your income, filing status, and number of children

Art theft is the third-largest source of criminal revenues worldwide, thanks in part to the subjective nature of valuing a work of art.

The first steps to rebuilding your credit score include getting to know exactly what's on your credit report and figuring out how far you are from the '700 club,' or 'good score' range.

See a ranking of the best (and worst) Federal Reserve Chairs since 1914 out of the 16 men and women who have held the office since.

US intelligence allegedly pursued more than 600 schemes to assassinate Cuban revolutionary Fidel Castro.

Chaos theory—informally known as the butterfly effect—is the reason why weather forecasts are presented with probabilities rather than certainties.

Lesser-known phobias include turophobia, or the fear of cheese, and nomophobia, the fear of being without your cell phone.

A Yale student wrote a profound essay about the consulting industry's influence on elite college students that was published in a book of her writing after she died in a post-graduation car accident.

The deadliest aspect of volcanic eruptions is often not lava, but pyroclastic flows—avalanches of ash, gas, and rock that can move more than half the speed of sound.

Browse a detailed visual analysis of over 200,000 similes—comparisons that often use 'like' or 'as'—from popular fiction to see how frequently writers the same idiomatic expressions.

Corals are themselves not coral reefs—the term refers to the tiny marine invertebrates that build the rigid reef.

SpongeBob exemplifies Aristotle's philosophy for living well because he understands that happiness doesn't come from external factors like money, recognition, or power.

Watch the cumbersome, but necessary, precautions healthcare workers must take to care for and protect themselves while caring for Ebola patients.

Pure water does not conduct electricity because this flow of energy requires the movement of charged particles, and water is a neutral molecule.