The First Amendment does not apply to advocating imminent lawless
behavior.
Hess v. Indiana, 414 U.S. 105 (1973):
Under our decisions, "the constitutional guarantees of free speech
and free press do not permit a State to forbid or proscribe advocacy
of the use of force or of law violation except where such advocacy
is directed to inciting or producing imminent lawless action and
is likely to incite or produce such action." Brandenburg v. Ohio, 395 U.S. 444, 447 (1969). (Emphasis added.) See also Terminiello
v. Chicago, 337 U.S., at 4 . Since the uncontroverted evidence showed that
Hess' statement was not directed to any person or group of persons,
it [414 U.S. 105,
109] cannot be said that he was advocating, in
the normal sense, any action. And since there was no evidence, or
rational inference from the import of the language, that his words
were intended to produce, and likely to produce, imminent disorder,
those words could not be punished by the State on the ground that
they had "a `tendency to lead to violence.'" ___ Ind., at ___, 297
N. E. 2d, at 415.
Fighting Words: The First Amendment does not protect "fighting
words."
Cohen v. California, 403 U.S. 15 (1971):
This Court has also held that the States are free to ban the
simple use, without a demonstration of additional justifying circumstances,
of so-called "fighting words," those personally abusive epithets
which, when addressed to the ordinary citizen, are, as a matter
of common knowledge, inherently likely to provoke violent reaction.
Chaplinsky v. New Hampshire, 315 U.S. 568 (1942).
Obscenity: Obscenity may be punished.
Alexander v. United States, 509 U.S.544 (1993):
We have in the past rejected First Amendment challenges to statutes
that impose severe prison sentences and fines as punishment for
obscenity offenses. See, e.g., Ginzburg v. United States, 383 U.S. 463, 464 -465, n. 2 (1966); Smith v. United States, 431 U.S. 291, 296 , n. 3 (1977); Fort Wayne Books, 489 U.S., at 59 , n. 8.
Defamation: A plaintiff may recover damages for defamation,
but with limitations.
New York Times v. Sullivan, 376 U.S. 254 (1964):
Respondent relies heavily, as did the Alabama courts, on statements
of this Court to the effect that the Constitution does not protect
libelous publications. 6 Those statements
do not foreclose our inquiry here. None of the cases sustained the
use of libel laws to impose sanctions upon expression critical of
the official conduct of public officials. The dictum in Pennekamp
v. Florida, 328 U.S. 331, 348 -349, that "when the statements amount to
defamation, a judge has such remedy in damages for libel as do other
public servants," implied no view as to what remedy might constitutionally
be afforded to public officials. In Beauharnais v. Illinois, 343 U.S. 250 , the Court sustained an Illinois criminal libel
statute as applied to a publication held to be both defamatory of
a racial group and "liable to cause violence and disorder." But
the Court was careful to note that it "retains and exercises authority
to nullify action which encroaches on freedom of utterance under
the guise of punishing libel"; for "public men, are, as it were,
public property," and "discussion cannot be denied and the right,
as well as the duty, of criticism must not be stifled." Id., at
263-264, and n. 18. In the only previous case that did present the
question of constitutional limitations upon the power to award damages
for libel of a public official, the Court was equally divided and
the question was not decided. Schenectady Union Pub. Co. v. Sweeney, 316 U.S. 642 . [376 U.S. 254, 269] In deciding
the question now, we are compelled by neither precedent nor policy
to give any more weight to the epithet "libel" than we have to other
"mere labels" of state law. N. A. A. C. P. v. Button, 371 U.S. 415, 429 . Like insurrection, 7 contempt, 8 advocacy of unlawful acts, 9 breach
of the peace, 10 obscenity, 11 solicitation of legal business, 12 and the various other formulae
for the repression of expression that have been challenged in this
court, libel can claim no talismanic immunity from constitutional
limitations. It must be measured by standards that satisfy the First
Amendment.
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