Which types of speech are considered non-protected under the law?

Study for the Foundations of American Democracy and Federalism Test. Explore multiple choice questions with explanations and gain insights to ace your exam!

The correct answer identifies libel, slander, and fighting words as forms of speech that are not protected under the First Amendment.

Libel refers to false statements in written form that damage a person's reputation, while slander pertains to spoken false statements that lead to reputation harm. Both fall under defamation and can lead to legal consequences for the speaker or writer, which is why they are considered non-protected speech.

Fighting words are defined as speech that is likely to incite immediate violence or disruption. The Supreme Court has ruled that this form of speech does not contribute to the expression of ideas and, therefore, can be prohibited to maintain public order and safety.

In contrast, the other choices contain forms of speech that generally receive varying levels of protection under the law. Hate speech, while often considered distasteful, is typically protected unless it incites violence or constitutes a direct threat. Political speech is closely protected due to its importance in a democratic society. Commercial speech, although regulated, does not fall into the non-protected category in the same way as libel or fighting words. Symbolic speech and obscenity also present complexities in legal protection, but they do not align with the clear categorizations of unprotected speech that defamation

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