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EPISODE SUMMARY

The First Amendment restricts government regulation of speech, press, association, religion, and expressive activity. It generally does not restrict private censorship unless state action exists.

Speech regulations must be classified carefully. Content-based laws regulate speech because of subject matter or message and usually trigger strict scrutiny. Viewpoint discrimination is especially disfavored and almost always unconstitutional. Content-neutral time, place, and manner regulations may be valid if they serve significant interests, are properly tailored, and leave open alternative channels.

Some speech is unprotected or less protected, but these categories are narrow. Incitement, true threats, fighting words, obscenity, child sexual-abuse material, defamation, and commercial speech each have specific rules.

Prior restraints are highly disfavored and require strong procedural safeguards. Vague laws chill speech by failing to give fair notice. Overbroad laws may be invalid if they prohibit substantial protected speech.

Expressive conduct may be protected when intended to convey a message likely to be understood. Government may regulate conduct through content-neutral rules serving interests unrelated to suppressing expression.

Forum analysis determines how government may regulate speech on government property. Traditional and designated public forums receive strong protection. Limited and nonpublic forums allow reasonable, viewpoint-neutral restrictions.

The First Amendment also protects public-employee speech in limited circumstances, prohibits compelled ideological speech, and protects expressive association.

The Free Exercise Clause protects religious belief absolutely and protects religious conduct against laws that target religion or lack neutrality and general applicability. The Establishment Clause prevents government coercion, endorsement, favoritism, or establishment of religion, with modern analysis often considering history, tradition, neutrality, and coercion.

The central lesson is classification. Ask what kind of expression is involved, what kind of regulation the government adopted, what forum or context applies, what interest the government asserts, and what scrutiny governs. Accurate classification is the foundation of every strong First Amendment answer.