Can you say that?

WHERE PROTECTIONS END

Is all speech protected?

The First Amendment protects your right to express your opinion, even if it's unpopular. You may criticize the President, the Congress, or the chief of police without fear of retaliation. But this right doesn't extend to libel, slander, obscenity, "true threats," or speech that incites imminent violence or law-breaking. If you grab a megaphone during a riot and yell "shoot the cop" or "loot the shop," you may reasonably expect trouble.

Can I talk about government overthrow or taking over the streets?

Yes, for the most part. In the 1940s and '50s, suspected subversives or Communists were often charged with 'incitement to illegal activity' and convicted. Subsequent courts have interpreted the government's ability to prohibit speech as incitement more narrowly. The government can't stop you from talking generally about ideas or future events. But it may ban speech that’s "directed to inciting or producing imminent lawless action and is likely to incite or produce such action.'

What if others react violently to what I say?

You can't be held responsible for the way that counter-demonstrators or your own supporters react, as long as your words don't directly incite violence or law-breaking. It's the responsibility of the police to control the crowd.

"Fear of serious injury cannot alone justify suppression of free speech and assembly…. To justify suppression of free speech there must be reasonable ground to fear that serious evil will result if free speech is practiced… that the danger apprehended is imminent…. the evil to be prevented is a serious one."

—Whitney v. California, 274 U.S. 357, 375 (1927) (Brandeis, J., concurring)

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