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

Not all speech in the United States is protected

This page explains the categories of speech—including defamation, incitement, true threats, fraud, and obscenity—the Supreme Court has placed outside First Amendment protection and how courts determine which standard to apply when speech is challenged.

In 1978, lower courts ruled that neo-Nazis had the right to march through Skokie, Illinois

Skokie was home to a large community of Holocaust survivors, making the planned march an extreme test of First Amendment principles. The courts ultimately ruled that even deeply offensive speech remains protected by the Constitution.

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.

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 Supreme Court decided that a public school coach's postgame prayers were protected speech

The Supreme Court ruled 6-3 in favor of a high school football coach who had been suspended for kneeling in prayer at midfield after games. The decision shifted away from the Lemon test and toward a more expansive view of religious freedom in the Establishment Clause.

Reynolds v. United States (1878) established that religious belief is not a defense for a crime

In the first major Supreme Court case on the free exercise clause, the court ruled that the government cannot regulate religious belief, but it can regulate religious practice if it violates the law. The case arose from a Mormon man convicted of polygamy who argued his faith required it.

Mahmoud v. Taylor (2025) broadened parents' rights regarding what their children learn in public schools

The case, brought by parents in Maryland, focused on religious objections to books with same-sex and transgender characters in elementary classrooms. The court ruled that the district's denial of parents' opt-out requests violated the free exercise clause of the First Amendment.

Tinker v. Des Moines affirmed that students maintain the right to free speech at school

In 1969, the Supreme Court ruled that two Iowa teenagers had the right to wear black armbands to school in protest of the Vietnam War, establishing that students retain First Amendment protections in public schools.

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.

Burwell v. Hobby Lobby Stores (2014) extended religious exemptions to family-owned corporations

The Supreme Court ruled 5-4 that family-owned companies could invoke the Religious Freedom Restoration Act to refuse contraception coverage required under the Affordable Care Act. It was the first time the court recognized that for-profit corporations could hold religious beliefs.

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.

Is there a First Amendment right to assemble in the metaverse?

Metaverse users have taken to digital streets to protest topics ranging from the commercialization of the supposed decentralized virtual world to Russia's invasion of Ukraine. Do these protesters have the legal right to do so? Do First Amendment rights for American users carry over into the metaverse's digital sphere, and what dangers await users in countries prone to protest suppression? This article explores human rights and the right to protest in the metaverse.

How one trial tested the limits of satirical music

The rapper Afroman, who earned jokey hits in the '90s with songs like "Because I Got High," was taken into court by police officers by police officers in Adams County, Ohio, who alleged that he'd defamed them in his songs. The music in question was recorded after those officers raided his house and satirized the situation, often in graphic terms. The rapper beat the case, but not before his satirical songs were analyzed in court.

'Pastafarians' have used their pasta-strainer-wearing faith to test the legal limits of what counts as religion

Founded in 2005 to mock the teaching of creationism in public schools, the Church of the Flying Spaghetti Monster has led to real First Amendment cases—over driver's license photos, courthouse statues, and prison rights. Courts have generally ruled it as satire rather than religion.

The Second Amendment protects the right to keep and bear arms

One of the most debated amendments, the Second Amendment has divided courts, lawmakers, and the public for decades. The Supreme Court held in 2008's District of Columbia v. Heller that it protects an individual right. Legal challenges continue today.

The controversy behind the Vietnam Veterans Memorial

It's now a standard stop for tourists visiting Washington, DC, but before it was built the Vietnam Veterans Memorial triggered an internecine battle between the war's veterans, some of whom believed the planned memorial was offensive. This short documentary recounts the controversy and the ultimate triumph of the memorial, which helped change the country's impression of the war and its soldiers.

In a letter, George Washington assured a Jewish congregation that the new government gives 'to bigotry no sanction'

In 1790, President Washington visited Newport's Touro Synagogue and received a welcoming letter from its warden. Washington's reply—considered his clearest statement on religious tolerance—assured the congregation that under the new government, religious freedom would be protected as a fundamental right.

All the ways colonists protested the absurd breadth of the Stamp Act

Philadelphia publisher William Bradford replaced his paper's required revenue stamp with a skull and crossbones. It read: "O! the fatal Stamp," and staged elaborate mock funerals for liberty, a comic protest trend that spread across the colonies until the act's repeal in 1766.

The Satanic Temple has protested the presence of the Ten Commandments at state capitols

After Oklahoma and Arkansas put up Ten Commandments monuments on their state capitol grounds, the Satanic Temple argued that if one religion's symbols are allowed, theirs should be, too. The temple asked for permission to install a bronze statue of the goat-headed figure Baphomet next to them.

Kurt Vonnegut's letter to the school board that banned his book

In 1973, a high school English teacher in North Dakota taught Kurt Vonnegut's "Slaughterhouse-Five," the classic time-hopping novel about World War II and the bombing of Dresden. The head of the school board was outraged by what he considered to be obscene material in Vonnegut's novel and ordered all of the students' copies of the book burned. When Vonnegut caught wind of those plans, he wrote this letter to the school board, protesting the decision.

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

Father's Day started as a tribute to deceased coal miners

In 1908, a church in West Virginia honored 362 men who had been killed in a coal mining explosion the previous year. However, Father's Day wouldn't be declared a national holiday until 1972.

Whitman founded an antislavery newspaper in Brooklyn

In 1948, Whitman founded a “free soil” newspaper called the Brooklyn Freeman, which explicitly argued against slavery. That activism led to problems for the paper, including an attack on its headquarters after the release of its first issue.

True crime survivors often deal with the fallout from their association long after the case is closed

Collier Landry was a preteen when he notified police and later testified that he had overheard his father killing his mother. His role in the case cost him his dog and adoptive sister, and, as recently as 2023, led his extended family to reject him.

When state and local laws conflict, state law almost always prevails

Courts generally side with state law when it conflicts with a local ordinance. Whether the contradiction is explicitly stated or merely implied by the two laws, state authority typically prevails.

After her fellow cult members tried to kill her with an LSD-infused hamburger, one member of the Manson Family, the murderous cult led by Charles Manson, decided to testify against the group's leader.

The tragic Pulitzer Prize-winning image 'The Vulture and the Little Girl' (1993) generated controversy, raised concerns about ethics in photography, and eventually led to the photographer's death.

Cultural norms about how to handle the bodies of loved ones in communities in West Africa have hampered Ebola responses.

Prince's sexually explicit 1984 track 'Darling Nikki' attracted the ire of the Parents Music Resource Center, an advocacy group that inspired the Parental Advisory sticker, even though the song ends with a Christian message.

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

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

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.

In 2018, 26-year-old missionary John Allen Chau was killed by tribesmen after attempting to reach and evangelize on India's isolated North Sentinel Island

Firework or sparkler burns, even if they cover a relatively small area of skin, can significantly affect our range of motion.

The identity of the Tank Man in the iconic photo from the 1989 Tiananmen Square protests remains unknown and was possibly killed.

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.

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.

Warren Buffett's former professor Benjamin Graham is known as the 'father of value investing,' a strategy in which investors seek to buy stocks trading below their intrinsic worth.

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.

American short story writer Flannery O'Connor raised 40 peacocks, which became potent symbols for her fiction's elegant violence

Tattoos remain visible on your skin thanks to immune cells called macrophages

Graffiti dates back to at least ancient Pompeii, where citizens scrawled messages to one another on public walls

Sunflowers have long been a symbol of nuclear disarmament because they can extract large amounts of radioactive cesium from soil.

Doctors differentiate between a phobia and fear by asking patients whether their fear interferes with their day-to-day activities.

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

See how Budweiser's famous Clydesdales spend their days at Warm Springs Ranch, where roughly 70 to 80 of the beer brand's giant horses can be found at any given time.

Iran's Revolutionary Guard Corps is independent of Iran's regular army and is one of the most powerful and influential military-political organizations in the Middle East.

Legendary architect Frank Lloyd Wright designed the SC Johnson headquarters in Wisconsin, aiming to make a cathedral-like workplace

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