What is the scope of the right to free speech under the Fourteenth Amendment?

The right to free speech is protected by the First Amendment of the U.S. Constitution and the Fourteenth Amendment of the California Constitution. The Fourteenth Amendment prohibits states from denying any person the right to free speech. In California, the right to free speech is considered to be broad. It encompasses more than just talking—it also includes artistic expression, protest, digital communication, and expression through clothing. Just about any expression of an opinion or idea is protected under the right to free speech. However, there are limits to the right to free speech. These limits are largely based on the idea of “time, place, and manner” restrictions. This means that expression must be limited in order to protect public safety or order. Additionally, the government has the authority to regulate speech that is considered false, offensive, or that incites action that could cause harm. The Supreme Court of the United States has also established that free speech rights stop short of expressions that are obscene, profane, or that present a “clear and present danger” to public order. Lastly, speech involving “commercial activity” may be subject to government regulation. Ultimately, the right to free speech is a fundamental right that is given a high level of protection in the United States and in California. The Fourteenth Amendment ensures that everyone is entitled to express their opinion or ideas, but there are still limits in place to protect public safety and order.

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What is the scope of the right to free speech under the Fourteenth Amendment?

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