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.

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.

Satire is an artistic form that aims to make someone or something look ridiculous

In practice, satire is often used to criticize vices, social norms, or political decisions, and is typically intended to be humorous. Although it can take many forms, its common characteristic is that its ultimate purpose is to discredit its target.

Why cartoons are an ideal form for satire

For decades, TV shows like "The Simpsons" and "South Park" have satirized American culture and politics. Satire thrives on hyperbole, and cartoonists' ability to render the world in any way they choose allows for more elevated critiques.

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.

Satire often employs irony

Satirists often make their point indirectly through ironic statements, indirectly highlighting the foolishness of the thing they’re mocking. An example is Mark Twain's satirical 1882 essay, “Advice to Youth.” “Build your character thoughtfully and painstakingly upon these precepts,” he wrote, “and by and by, when you have got it built, you will be surprised and gratified to see how nicely and sharply it resembles everybody else’s.”

On social media, satire is often mistaken for news

A 2018 study found that satire was often mistaken for legitimate fact, with stories from outlets like The Onion being shared widely without any understanding of their satirical intent. Likewise, the study found that media outlets often mislabeled satire as "fake news," a label that implies disinformation rather than social commentary.

Many satires use parody, though not all parodies are satires

A parody is an impression of another artist's or work's style that intentionally exaggerates its aesthetics. Many satires employ parody to convey their message, although some parodies are simply humorous embodiments of a style without offering any deeper, satirical point. That's often the case with music parodies.

Read the language in the Constitution that protects religious freedom in the US

The First Amendment's religion clauses include two provisions: the establishment clause and the free exercise clause. These two parts prevent the government from endorsing any specific religion and from interfering with the free practice of religion.

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.

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.

Satirists sometimes use ironic personas

Satirists often embody a character to mock the kind of person who would believe what they argue are ridiculous ideas. One famous example was Stephen Colbert on “The Colbert Report,” who satirized right-wing pundits like Bill O’Reilly through a bombastic persona. When O’Reilly asked whether that meant he was owed money, Colbert responded with more satire: “There’s a difference between imitation and emulation … If you imitate someone, you owe them a royalty check. If you emulate them, you don’t.”

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.

Americans are historically more supportive of free speech than people in most other countries

A 2016 survey of 38 countries found that the US scored highest in support for free expression, with 71% of Americans saying people should be able to say what they want without government censorship, more than in any other nation surveyed.

After the Sept. 11 terrorist attacks, The Onion stuck with satire

Although other comedians believed anything lighthearted in the wake of the attacks was inappropriate, The Onion, a satirical newspaper, decided to do what it always did. That issue’s top story was a headline that would go down in comedy history.

James Madison's original draft of the First Amendment was far more expansive than what was ratified

Madison's first proposed language guaranteed the right "to speak, to write, or to publish" one's sentiments freely—broader and more explicit than the final text—and described the free press as "one of the great bulwarks of liberty."

The First Amendment established religious freedom as a constitutional right—a safeguard no other nation had before

Europe had limited religious tolerance for centuries, but always as a privilege granted by rulers who could revoke it. The First Amendment in the United States was unique for the time: It banned the government from interfering with religion, making religious freedom a permanent constitutional limit on state power.

There are three main types of satire: Horatian, Juvenalian, and Menippean

These classifications are based on the Roman poets who popularized them. Horatian is good-natured and lighthearted, Juvenalian is bitter and more caustic, and Menippean contains many layers.

The US framework of government has influenced the constitutions of many other countries

In 1787, the US Constitution introduced a system built on the separation of powers and individual liberties, including freedom of speech and religion. Though widely influential, its rigidity has made it less of a modern model as countries adopt more adaptable constitutional frameworks.

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.

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.

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 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.

Read through the actual text of the US Constitution

This helpful guide from the US Congress includes annotations that provide valuable insights into the background, crafting, and legacy of each article in the document. Additionally, the resource offers accessible legal analysis and interpretations.

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.

'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.

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.

Surprises you may not know about the US Constitution

This article offers intriguing and lesser known insights into the creation and content of the US Constitution. Examples include that Rhode Island disliked the Constitution so much that it almost started a civil war and that Ben Franklin was so ill he needed to be carried into the Constitutional Convention in a sedan chair.

The words 'separation of church and state' are not found in the Constitution

Responding to Connecticut Baptists concerned about religious liberty, Jefferson described the First Amendment as building "a wall of separation between church and state." The Supreme Court later cited the letter as an authoritative guide to the Establishment Clause.

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.

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

This interactive tool from the National Constitution Center allows you to compare constitutional rights globally, highlighting which countries have adopted protections similar to those in the US Constitution—and how shared principles manifest in different legal forms around the world.

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 US Bill of Rights drew directly from England's own Bill of Rights

England's 1689 Bill of Rights established protections against cruel and unusual punishment and the right to petition the government. Many of its provisions were adopted nearly word for word by America's founders a century later.

Learn about the long and contested history of free speech in America

This podcast examines how American free speech protections evolved—from the Founders' debates to landmark Supreme Court rulings—and why the country arrived at one of the most expansive speech regimes in the world.

Kurt Vonnegut's satire embraced dark humor

Books like "Cat’s Cradle" and "Slaughterhouse Five" satirized the international appetite for war, which the 20th-century writer found both horrifying and hilarious. It’s a combination that some called “gallows humor,” a classification Vonnegut himself remembered Sigmund Freud describing. “One of the examples Freud gives is a man about to be hanged,” Vonnegut once recalled, “and the hangman says, ‘Do you have anything to say?’ The condemned man replies, ‘Not at this time.’”

The US Constitution has been amended 27 different times since its ratification

Dive deeper into each amendment to the Constitution with resources provided by the National Constitution Center. This website features podcasts, videos, and other web resources for each of the amendments, examining their creation and their impact on today’s political and social landscape.

The greatest satirical films of all time

This list of satires from the silver screen runs the gamut: There’s a send-up of the music industry (“This is Spinal Tap”), a zombie-filled treatise on consumerism (“Dawn of the Dead”), and an oft-misunderstood analysis of masculinity (“Fight Club”), among several other classic critiques.

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.

One of the earliest known satires is an ancient Egyptian parody of life advice

“The Satire of the Trades” mocks the then-popular “wisdom literature,” which imparted life advice. In the text, a father, a scribe, explains why his son should work the same job, detailing the miseries of several other lines of work. His ultimate argument is that it’s best to be a manager rather than a worker: “See, there is no office free from supervisors except the scribe's. He is the supervisor!”