Libel, obscenity, fighting words, and commercial speech are categories of speech not entitled to constitutional protection in all circumstances. What term describes this category?

• A. Nonprotected Speech
• B. Symbolic Speech
• C. Political Speech
• D. Commercial Speech

Answer: (A)

The main idea is identifying speech that the First Amendment does not protect in all circumstances. Nonprotected speech refers to categories of expression that the government may ban or severely restrict without running afoul of constitutional rights. Libel, obscenity, and fighting words are classic examples—these forms of speech are considered so harmful or outside the realm of protected discourse that they can be restricted. Commercial speech, while subject to regulation, is still protected to a significant degree, so it isn’t fully nonprotected. That’s why the term that best describes this category is nonprotected speech.