What is included in "protected speech"

[The Unknown 1087]

So I had a talk tonight with a co worker, who was trying to figure out what was protected in all by the first A. Like where is the line?

He was like "I know I can say stuff, as long as I don't use it in a threatening manner...like I can tell someone "Go fuck yourself!" and I cannot be charged for disorderly conduct."

I told him I wasn't sure but I'd look into it. I have, but it seems to be pretty vague about it.

It's stupid, kinda but I said I'd check into it.

[JCWohlschlag]

I think the First Amendment (“freedom of speech” specifically) is just like any other civil right. Your right to do something extends all the way to the point where it infringes on someone else’s civil rights… the old “my right to swing my fist stops exactly where your nose starts” concept. That is really the best general statement I can come up with without jumping into specific cases.

[sxHarr05]

Somewhat, but nowadays anything that someone finds offensive blurs the line, especially when that person isn't being directly spoken to. It used to be more of a respect thing, when to hold your tongue and when not to. Now, with all of the politically correct mamby-pamby-ness running (or at least attempting to run) our lives, you are more likely to be fired or at the very least sent for sensitivity training for speech deemed offensive to someone, regardless of that speech. In the workplace, of course. For instance, don't refer to a female co-worker/supervisor etc as a "dumb bitch" to another female co-worker since, while she may agree with your opinion, she may be "offended" by your use of "bitch". It's that kind of pettiness that really frosts my balls. I can understand verbally abusing someone, but not being able to tell an off-color joke to your buds whithin earshot of someone else is ludicrous. Seems as though 1a protecting "speech you DON'T like" doesn't apply in the workplace. And realistically it's your employers right to enact these rules.

Basically, mind your speech at work. Outside of work, all bets are off within reason (the aforementioned threatening speech comes to mind, or trying to incite unrest/violence etc). Just try to show some measure of respect toward others.

[Vig]

So I had a talk tonight with a co worker, who was trying to figure out what was protected in all by the first A. Like where is the line?

He was like "I know I can say stuff, as long as I don't use it in a threatening manner...like I can tell someone "Go fuck yourself!" and I cannot be charged for disorderly conduct."

I told him I wasn't sure but I'd look into it. I have, but it seems to be pretty vague about it.

It's stupid, kinda but I said I'd check into it.

The short answer: Only what the courts deem to be protected

The long answer: This isn't just about the act of speaking or the written word, its also about actions. You're pretty much free to say whatever you want to express your opinion. Generally, "fighting words" that are meant in incite violence does not constitute protected speech, however an act of "symbolic speech" or rather, expressive conduct, offensive though it may be is protected. (see Texas v. Johnson, 1989; Stromberg v. California, 1931; Tinker v. Des Moines, 1969)

[The Unknown 1087]

Thanks guys for the answers

[original gunner]

Basically the limitations to free speech fall under two categories; the "harm" principle (yelling fire in a crowded theatre) and the "offense" principle (putting a graphic, pornographic billboard up in front of an elementary school).

free speech wiki

Violation of the harm principle can lead to criminal charges, such as terroristic threats;

1. commit any crime of violence with intent to terrorize another;
2. cause evacuation of a building, place of assembly, or facility of public transportation; or
3. otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.