New York City Free Speech Law
There is no doubt that Americans cherish freedom of speech and freedom of expression. Our Founding Fathers adopted the First Amendment to ensure these freedoms for all citizens. Without our First Amendment right of freedom of speech, government protesters could be silenced, followers of religion could be persecuted, the press could not criticize government, and citizens could not deliberate in public, or mobilize for social change.
Most people believe in the right to free speech. However, they will engage in heated debate over whether freedom of speech should allow pornography, flag-burning, tobacco advertising, hate speech, nude dancing, solicitation, loitering, and various forms of symbolic speech. Our New York City courts and free speech lawyers in New York City wrangle with First Amendment controversies often. Current evolving areas of the law include regulating communication that the government deems a threat to national security in the context of the War on Terror, regulation of online material, including material that is harmful to minors, broadcast indecency, and electioneering communications.
The First Amendment only pertains to actions of the government. Citizens and corporations can violate First Amendment freedoms at will. A New York City free speech lawyer can advise you of your rights and options if you believe your free speech rights have been violated.
Types of speech that are not protected
All speech, as well as expressive conduct, is constitutionally-protected unless it falls into one of the following categories:
- Defamation (false statements of fact published to third parties)
- Obscenity
- Speech damaging to national security interests
- Fighting words
- Verbal acts such as shouting “Fire!” in a crowded theater
