Please help us improve our site!
No thank you
Skip to main content
Cornell University insignia Cornell Law School Search Cornell
Support Us!
Search
  • About LII
    • Who We Are
    • What We Do
    • Who Pays For This
    • Contact Us
  • Get the law
    • Constitution
    • Supreme Court
    • U.S. Code
    • CFR
    • Federal Rules
      • Federal Rules of Appellate Procedure
      • Federal Rules of Civil Procedure
      • Federal Rules of Criminal Procedure
      • Federal Rules of Evidence
      • Federal Rules of Bankruptcy Procedure
    • U.C.C.
    • Law by jurisdiction
      • State law
      • Uniform laws
      • Federal law
      • World law
  • Lawyer directory
  • Legal encyclopedia
    • Business law
    • Constitutional law
    • Criminal law
    • Family law
    • Employment law
    • Money and Finances
    • More...
  • Help out
    • Give
    • Sponsor
    • Advertise
    • Create
    • Promote
    • Join Lawyer Directory


  1. LII
  2. U.S. Constitution Annotated
  3. Amendment I. Fundamental Freedoms
  4. Free Speech Clause
prev | next
    Free Speech Clause
    • Historical Background on Free Speech Clause
      • Procedural Matters
        • The Overbreadth Doctrine, Statutory Language, and Free Speech
          • Vagueness, Statutory Language, and Free Speech
            • Prior Restraints on Speech
              • State Action Doctrine and Free Speech
                • Retaliatory Prosecution and Arrest
                • Content-Based and Content-Neutral Regulation of Speech
                  • Overview of Content-Based and Content-Neutral Regulation of Speech
                    • Development of a Judicial Approach to Content-Based Speech Laws
                      • Laws Making Facial Content-Based Distinctions Regarding Speech
                        • Laws Regulating Speech with a Content-Discriminatory Purpose
                          • Laws Making Speaker-Based Distinctions in Regulating Speech
                            • Content-Based and Compelled Speech
                              • Content-Neutral Laws Burdening Speech
                              • Viewpoint-Based Regulation of Speech
                                • Overview of Viewpoint-Based Regulation of Speech
                                  • Viewpoint-Based Distinctions on the Face of a Law
                                    • Viewpoint Discrimination in Facially Neutral Laws
                                      • Viewpoint-Based Distinctions Within Proscribable Speech
                                        • Viewpoint Neutrality in Forum Analysis
                                        • Categorical Approach
                                          • Overview of Categorical Approach to Restricting Speech
                                            • Early Doctrine of Incitement
                                              • Incitement Movement from Clear and Present Danger Test
                                                • Incitement Current Doctrine
                                                  • Fighting Words
                                                    • True Threats
                                                      • Defamation
                                                        • Application of Defamation Cases to Group Libel, Hate Speech
                                                          • False Statements Outside of Defamation
                                                            • Privacy Torts
                                                              • Obscenity
                                                                • Child Pornography
                                                                • Commercial Speech
                                                                  • Commercial Speech Early Doctrine
                                                                    • Central Hudson Test and Current Doctrine
                                                                    • Public Forum Doctrine
                                                                      • The Public Forum
                                                                        • Public and Nonpublic Forums
                                                                          • Quasi-Public Places
                                                                          • Role of Government
                                                                            • Overview of Government Roles
                                                                              • Government Speech and Government as Speaker
                                                                                • Coercive Government Speech
                                                                                  • School Free Speech and Government as Educator
                                                                                    • Prison Free Speech and Government as Prison Administrator
                                                                                    • Public Employee Speech and Government as Employer
                                                                                      • Loyalty Oaths
                                                                                        • Political Activities and Government Employees
                                                                                          • Honoraria and Government Employees
                                                                                            • Pickering Balancing Test for Government Employee Speech
                                                                                            • Regulation of the Media
                                                                                              • Overview of Regulation of the Media
                                                                                                • Taxation and Financial Regulation of Media
                                                                                                  • Broadcast Radio and Television
                                                                                                    • Cable Television
                                                                                                    • Print, Telephone, and the Internet
                                                                                                      • Overview of Print, Telephone, and the Internet
                                                                                                        • Print Media
                                                                                                          • Telephone Communications
                                                                                                            • The Internet
                                                                                                            • Governmentally Required Access and Editorial Discretion
                                                                                                              • Overview of Access and Editorial Discretion
                                                                                                                • Access and Editorial Discretion in Broadcast Media
                                                                                                                  • Access and Editorial Discretion in Cable Television
                                                                                                                  • Political Speech
                                                                                                                    • Overview of Campaign Finance
                                                                                                                      • Campaign Finance Contribution Limits and Source Restrictions
                                                                                                                        • Campaign Finance Expenditure Limits
                                                                                                                          • Campaign Finance Disclosure and Disclaimer Requirements
                                                                                                                            • Lobbying
                                                                                                                              • Legislative Investigations
                                                                                                                              • Compelled Speech
                                                                                                                                • Overview of Compelled Speech
                                                                                                                                  • Flag Salutes and Other Compelled Speech
                                                                                                                                    • Compelled Subsidization
                                                                                                                                    • Unconstitutional Conditions on Speech
                                                                                                                                      • Overview of Unconstitutional Conditions Doctrine
                                                                                                                                        • Conditions of Public Employment
                                                                                                                                          • Conditions on Tax Exemptions
                                                                                                                                            • Conditions on Federal Funding
                                                                                                                                              • Restrictions on Editorializing
                                                                                                                                                • Selective Funding Arrangements
                                                                                                                                                  • Government's Message Versus Private Speakers
                                                                                                                                                    • Public Entities and Private Access
                                                                                                                                                      • Conditions Exceeding the Scope of the Program
                                                                                                                                                        • Requirements That Can Be Imposed Directly
                                                                                                                                                        • Symbolic Speech
                                                                                                                                                          • Overview of Symbolic Speech
                                                                                                                                                            • Leaflets and Handbills
                                                                                                                                                              • Flags as a Case Study in Symbolic Speech
                                                                                                                                                                • Public Issue Picketing and Parading
                                                                                                                                                                  • Labor Union Protests and Marches
                                                                                                                                                                    • Solicitation

                                                                                                                                                                  U.S. Constitution Annotated Toolbox

                                                                                                                                                                  • Explanation of the Constitution - from the Congressional Research Service


                                                                                                                                                                  • Accessibility
                                                                                                                                                                  • About LII
                                                                                                                                                                  • Contact us
                                                                                                                                                                  • Advertise here
                                                                                                                                                                  • Help
                                                                                                                                                                  • Terms of use
                                                                                                                                                                  • Privacy
                                                                                                                                                                  • LII logo