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| Re: 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."
Generally speaking, "exceptions to free speech protection" and "limitations on free speech protection" are synonymous. A limitation is a type, or species, of condition (i.e., "limiting condition").
I actually disagree that legal theory has convoluted the first amendment beyond its philosophical origins and intent, but to each his own. Clearly the constitutional framers wrote intentionally ambiguous language and then established a judicial system to interpret it, so as not to concentrate power in one single entity.