Section 2
Freedom of Expression
What the First Amendment does — and doesn't — protect.
The basics
- The First Amendment protects people from government restrictions on speech.
- Private employers and private companies (including social media platforms) generally are not bound by the First Amendment.
- Offensive speech can still be protected. "I hate this idea" is not a legal reason to silence someone.
What isn't protected
- True threats — statements meant to make someone fear serious harm.
- Fighting words — face-to-face insults likely to provoke immediate violence.
- Incitement — speech directed to producing imminent unlawful action and likely to do so.
Time, place, and manner
Even protected speech can be regulated by neutral rules on when, where, and how it happens (e.g., no bullhorns in a residential zone at 3 a.m.) — as long as the rules aren't targeting a viewpoint.
Content neutrality
Laws that target speech based on its message get the toughest scrutiny. Laws that apply the same way to all messages are more likely to be upheld.
Think About It
Should the law protect hurtful speech?
Should speech still be protected when it is cruel, offensive, or emotionally harmful? Courts have often said yes — because letting the government decide what's "too offensive" is itself dangerous.
Key Supreme Court cases
Did You Know?
Your job's dress-code rules
Your employer telling you what you can post on your public social media account isn't a First Amendment case — the First Amendment restricts the government, not private bosses.