Free Speech Glossary

The legal standard requiring public officials and public figures to prove a speaker knew a statement was false or acted with reckless disregard for its truth.

The constitutional standard for when advocacy of illegal action or violence loses First Amendment protection: it must be directed to inciting imminent lawless action and likely to produce it.

The deterrence of constitutionally protected speech by the threat of legal consequences, even when the speech would not actually be prohibited.

Advertising and other expression that proposes a commercial transaction, which receives intermediate First Amendment protection under the Central Hudson test.

Government-mandated expression — being required to say or not say something — which raises serious First Amendment concerns.

The requirement that government regulations of speech must apply to all speech regardless of topic or viewpoint, rather than targeting specific subjects or perspectives.

A false statement of fact that causes injury to someone's reputation, published to a third party.

Words that by their very utterance inflict injury or tend to incite an immediate breach of the peace, which may be regulated under the First Amendment.

The constitutional amendment protecting freedom of speech, press, religion, assembly, and petition from government interference.

Expression by or attributed to the government itself, which is not constrained by First Amendment viewpoint neutrality requirements.

When hostile audience members effectively silence a speaker by creating a disturbance, and authorities respond by suppressing the speaker rather than the disruption.

Sexually explicit material that meets the three-part Miller test and lacks serious artistic, literary, political, or scientific value, which falls outside First Amendment protection.

A constitutional doctrine holding that a law is unconstitutional if it restricts substantially more speech than necessary to achieve its legitimate purposes.

Government action that prevents speech or publication before it occurs, rather than punishing it afterward.

Government property historically dedicated to expressive activity, such as parks and sidewalks, where the government faces the highest First Amendment constraints on speech regulation.

The federal law granting internet platforms broad immunity from civil liability for content posted by users.

The constitutional doctrine limiting First Amendment protections to government action, not private actors.

Content-neutral regulations of when, where, or how speech may occur, which are permissible if they serve a significant interest, are narrowly tailored, and leave open alternative channels.

A serious expression of intent to commit unlawful violence against a specific person or group, which falls outside First Amendment protection.

Government regulation of speech based on the specific opinion or viewpoint expressed, rather than the subject matter.