Skip to footer
Can my free speech be restricted because of what I say—even if it is controversial? Where can I engage in free speech activity? What about free speech activity on private property? Does the anti-protest law protect me if I get injured? Do I need a permit before I engage in free speech and assembly activity? If organizers have not obtained a permit, where can a march take place? May I distribute leaflets and other literature on public sidewalks? Do I have a right to picket on public sidewalks? Can government impose a financial charge on exercising free speech rights? Do counter-demonstrators have free speech rights? Does it matter if other speech activities have taken place at the same location? What other types of free speech activity are constitutionally protected? What should I do if my rights are being violated by a police officer? Can I record the police?

Can my free speech be restricted because of what I say—even if it is controversial?

Answer

No. The First Amendment generally prohibits restrictions based on the content of speech. However, this does not mean that the Constitution completely protects all types of speech in every circumstance. For example, threatening someone with violence is not protected. Additionally government officials are allowed to place certain reasonable, nondiscriminatory, and narrowly drawn “time, place, and manner” restrictions on the exercise of First Amendment rights. This means police and other government officials can reasonably restrict where, when, and how certain speech is expressed, for example, requiring a permit for a parade that requires blocking traffic or street closures. But any such restrictions must apply to all speech regardless of its content or speaker.