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

The scope of the right to free speech under the Fourteenth Amendment is broadly interpreted to include the right to express both verbal and written opinion. This right is protected in both federal and state law, in Rhode Island included. The U.S. Supreme Court has held that the free speech protections guaranteed by the First Amendment to the United States Constitution, and incorporated by the Fourteenth Amendment to the state constitutions, apply to both public and private entities. In Rhode Island, freedom of speech means the right to engage in public speech, including of course the right to speak, but also the right to peacefully assemble, picket, and to distribute literature. The scope of freedom of speech also includes protection against government censorship, as well as protection from certain forms of private censorship. Most famously, the Supreme Court has held that the Constitution also protects a person’s right to express ideas that are unpopular or controversial. This so-called “offensive” speech, although it may be considered distasteful, is protected under the Fourteenth Amendment. Freedom of speech is not absolute; it is limited by the government’s right to protect public safety, order, and morality. Specifically, the government may still regulate speech that is intended to cause “imminent lawless action.” Additionally, laws may also regulate libel, slander, obscenity, true threats, and speech that incites violence.

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

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