Less Protected Speech

Under the First Amendment of the Constitution of the United States, freedom of speech is the bedrock of civil liberties. However, freedom of speech has been challenged before the Supreme Court over the years. In response, the Court has determined, under Constitutional authority, what types of speech are less protected and unprotected. Such speech as libel, slander and defamation are examples of unprotected and less protected speech under the First Amendment. The landmark cases of New York Times Co. v. Sullivan, Snyder v. Phelps, Roth v. United States, and Miller v. California have changed the way the Court interprets the boundaries of freedom of speech. The Court’s decision on these cases facilitate debate on public issues without a high level

However, less protected speech still enjoys a level of protection under the First Amendment. In the case of New York Times Co. v. Sullivan, the standard for malice on how far the press is allowed to report on a public official before it is considered libel was established. Libel is written communication that is sometimes defamatory in nature and might cause harm to an individual. At times, written and printed information can be false and harmful to the reputation of a public official. In the Sullivan, case Justice Brennan wrote that the debate over public issues should be “uninhibited, robust, and wide-open.” Since the information printed by the New York Times was not accurate toward the public official, the Court understood that free speech should be given more latitude before it was considered libel. Justice Brennan further added that the standard for what is considered malice for public officials “must prove the falsity of the statement and malicious intent,” and a reckless disregard for the truth. With this decision the Court opened the door to have more freedom of expression on debate over public issues. Justice Brennan and the Court understood that the censoring of this type of speech my “chill speech” and hinder the public from speaking freely against public officials. In addition, libel and slander of private citizens must

Phelps, the court determined that although some speech might be offensive to private individuals it is still protected under the First Amendment. In this landmark case, U.S Marine Lance Corporal Matthew A. Snyder died in combat. During the time of his funeral the Westboro Baptist Church decided to hold a protest against the military.In an 8 to 1 decision, the Court ruled in favor of Phelps since the speech used to protest was within a general content. The Snyder family was not directly attacked; therefore, the Court did not consider the church to have caused intentional infliction of emotional distress to the Snyder family. Chief Justice Roberts stated that “Westboro stayed well away from the memorial