North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

Which types of speech are not protected by the First Amendment?

1. Political Speech and Art

2. Obscenity, Fighting Words, Threats, Incendiary Speech

3. Commercial Speech and Defamation

4. Private Speech and Religious Speech

The correct answer is: Obscenity, Fighting Words, Threats, Incendiary Speech

The First Amendment of the United States Constitution protects various forms of speech; however, there are certain categories that do not receive this same level of protection. The option highlighting obscenity, fighting words, threats, and incendiary speech is correct because these forms of expression have been determined by courts to pose significant risks or harms to individuals or society as a whole. Obscenity lacks societal value and is judged by community standards. Fighting words can provoke immediate violence and are not considered beneficial to the public discourse. Threats create a direct danger or intimidation toward individuals, which justifies limitations on such expressions. Incendiary speech refers to language that is meant to incite or provoke unlawful actions, particularly in situations that could lead to violence or chaos. The other types of speech listed in the other choices, while they have varying degrees of protection or regulation, fall under protections provided by the First Amendment. Political speech and art are vital components of free expression, commercial speech has a more limited protection but is still generally safeguarded, and private speech along with religious speech is heavily protected as they relate to personal beliefs and the practice of one's faith. Thus, recognizing the categories that are not protected helps in understanding the scope and limitations of the First Amendment.