What is the scope of the right to free speech under the Fourteenth Amendment?
Under the Fourteenth Amendment, the right to free speech is considered a fundamental right. This Amendment was ratified in 1868 and was added to the U.S. Constitution to provide rights and protections to people who were formerly enslaved, including the right to free speech. The scope of this right to free speech under the Fourteenth Amendment is the protection of citizens from government interference with speech. This means that the government cannot prohibit citizens from expressing their opinions or beliefs, even if those opinions and beliefs are controversial or unpopular. The right to free speech also includes the right to engage in political activity, such as voting, attending rallies, and supporting a particular political party. The Supreme Court has held that the right to free speech is not absolute, and restrictions can be placed on the exercise of this right in certain situations. For example, the Court has allowed laws that prohibit threats, obscene language, and speech that directly incites violence. The Court has also upheld limitations on the free speech rights of public employees, as well as restrictions on political campaign contributions and spending. In Florida, the Florida Constitution provides for greater protections for the right to free speech than the U.S. Constitution, including a ban on laws that restrict the publication and distribution of books or other materials. This means that the scope of the right to free speech in Florida is greater than it is under the Fourteenth Amendment.
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