What are the restrictions on the right to free speech under the First Amendment?
Under the First Amendment of the U.S. Constitution, citizens of California have the right to free speech. However, the U.S. Supreme Court has determined that the government may impose some restrictions on the exercise of free speech rights to protect public safety and order. First, speech that is considered to be “obscene” or that incites imminent violence or lawless behavior is not protected by the First Amendment. This includes obscenity, “fighting words,” or speech that advocates or encourages against the law. Likewise, speech that is considered to be “true threats” or that deliberately provokes a hostile reaction, such as certain types of hate speech, is not protected. Second, the government may impose “time, place, and manner” restrictions on speech, such as regulating the volume or content of a person’s speech. Other forms of restricted speech include speech that is considered to be confidential, such as classified information, or that has been obtained illegally. Finally, in public schools, student speech may be restricted if it is disruptive, lewd, or interferes with school operations. In addition, the government may limit the speech rights of government employees and contractors. In general, the government has the right to impose restrictions on free speech in order to protect public safety and order. However, courts will typically strike down any restrictions that are deemed to be overly broad or that are not narrowly tailored to meet a legitimate government interest.
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