Upload & Sell: Off
| p.1 #14 · Legal Issue - 1st amendment and rights of publicity |
Generally, when speaking of freedom of speech as defined by the First Amendment, the terminology is "exceptions," rather than limitations, or conditions, and certain categories and standards have been established to set a standard of how this exceptions result in types of speech that are "less than protected."
Obscenity, Child Pornography, Content-Based Restrictions (this is the famous "fire in a theatre" example by Justice Holmes), Non-Content-Based Restrictions, Prior Restraint, Commercial Speech, Defamation, Speech Harmful to Children, Children’s First Amendment Rights, Time, Place, and Manner Restrictions, Incidental Restrictions, Symbolic Speech, Compelled Speech, Radio and Television, Freedom of Speech and Government Funding, Free Speech Rights of Government Employees, and Public Forum Doctrine are all areas where the Supreme Court has found that speech can be less than protected.
But since the bone of contention is the word "condition," I will throw my 2 cents in saying that there are situations where conditions need to be met in order to receive your free speech protection. A parade permit; decency conditions placed on grants and other federal funding (see National Endowment for the Arts v. Finley); a location permit for photography; all of these have conditions that limit your right to free speech until certain conditions have been met, and all of these have case law from the Supreme Court backing them up. Just as your right to bear arms doesn't give you a right to carry guns to a certain number of specified places, your freedom of speech does have restrictions, and at times, conditions.