The First Amendment protects even speech that violates criminal laws.

Question

BlackTom AI · Accepted Answer

The statement to evaluate is: 'The First Amendment protects even speech that violates criminal laws.'
Option 1: True. This would claim that all speech is protected regardless of its criminal nature. In reality, the First Amendment does not shield certain categories of speech that break the law, such as incitement to imminent lawless action, true threats, solicitation to commit crimes, or libel in some contexts. So labeling this as universally protected is inaccurate.
Option 2: False. This answer recognizes that while the First Amendment protects a broad range of speech, it does not immunize speech that itself constitutes a crime or that meaningfully facilitates crime. For example, encouraging a violent act or directly soliciting illegal conduct crosses lines where government interest in maintaining safety overrides free-speech protections. Thus, saying the First Amendment protects even speech that violates criminal laws is incorrect.
Option 1’s framing misstates the scope of protection, as there are well-established limits to free speech when the conduct crosses into criminal behavior or direct harm. Option 2 accurately reflects that limitation by acknowledging exceptions grounded in law and policy. In short, not all criminally wrongful speech enjoys First Amendment protection, so the statement is false.

2255-E_34BLAW2080004 Chapter 2 Quiz

The First Amendment protects even speech that violates criminal laws.

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