How the First Amendment protects Americans’ speech − and how it does not

By: Ray Brescia, Albany Law School, The Conversation

Outlets: The Conversation

Published: November 1, 2025

Words: 1,274

Last Updated: 3 weeks, 2 days ago


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Imagine a protest outside the funeral of a popular political leader, with some of the protesters celebrating the death and holding signs that say things like “God Hates the USA/Thank God for 9/11,” “America is Doomed” and “Don’t Pray for the USA.”

No matter the political leanings of that leader, most Americans would probably abhor such a protest and those signs.

What would tolerate such activities, no matter how distasteful? The First Amendment. …

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