what types of speech are not protected by the first amendment
United States free speech exceptions
The Supreme Court has established a complex framework in determining which types of false statements are unprotected . There are four such areas which the Court has been explicit about . First , false statements of fact that are said with a `` sufficiently culpable mental state '' can be subject to civil or criminal liability . Secondly , knowingly making a false statement of fact can almost always be punished . For example , libel and slander law are permitted under this category . Third , negligently false statements of fact may lead to civil liability in some instances . Additionally , some implicit statements of fact -- those that may just have a `` false factual connotation '' -- still could fall under this exception .
The Supreme Court has established a complex framework in determining which types of false statements are unprotected . There are four such areas which the Court has been explicit about . First , false statements of fact that are said with a `` sufficiently culpable mental state '' can be subject to civil or criminal liability . Secondly , knowingly making a false statement of fact can almost always be punished . For example , libel and slander law are permitted under this category . Third , negligently false statements of fact may lead to civil liability in some instances . Additionally , some implicit statements of fact -- those that may just have a `` false factual connotation '' -- still could fall under this exception .