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Lesson 2: Contemporary First Amendment Issues
Prohibited Categories of Speech
Throughout history, courts have found certain categories of speech to be without First Amendment protection or with very limited First Amendment protection. In such instances, it is not necessary to apply any of the tests or doctrines discussed above because such speech is outside the ambit of constitutional expression. Some examples include incitement to violence and true threats, defamation (see Lesson 3), obscenity, and child pornography (see Lesson 7).