In light of Jimmy Kimmel’s cancellation, this is the perfect time to lay out your Constitutional rights and several Supreme Court cases that back your right to speak your mind, no matter how uncomfortable the message:
The United States Constitution
The First Amendment to the Constitution is the core source of free speech protection. It states:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
It protects almost all speech, including political, artistic, offensive, and unpopular ideas. There is no “hate speech” exception in American law.
SCOTUS Cases
Snyder v. Phelps (2011)
The Supreme Court said even the ugliest voices get a mic. Westboro Baptist Church waved hateful signs at a Marine’s funeral and the Justices ruled the First Amendment protects them because they were speaking on public issues.
Brandenburg v. Ohio (1969)
Free speech stands tall unless it’s a call to real, immediate violence. This case set the gold standard: only speech meant to spark imminent lawless action that’s likely to happen can be punished.
Matal v. Tam (2017)
A rock band wanted a trademark with a name the government called “disparaging.” The Court said offensive words are still protected words. No government gatekeeper gets to decide what’s too rude for a trademark.
R.A.V. v. City of St. Paul (1992)
The city tried to ban symbols like burning crosses if they stirred racial anger. The Court shot it down for picking sides in the debate. The rule: government can’t outlaw speech just because it’s hateful or one-sided.
Watts v. United States (1969)
A protester joked about putting President Johnson in his rifle sights. The Court called it crude political hyperbole, not a true threat. Harsh words aren’t crimes when everyone knows it’s talk, not action.
Counterman v. Colorado (2023)
The Justices raised the bar on prosecuting threats. Prosecutors now must show the speaker at least recklessly ignored the risk their words would be seen as threatening. Fear alone isn’t enough.
NRA v. Vullo (2024)
New York regulators pressured banks and insurers to dump the NRA. The Court ruled government can’t strong-arm private companies to silence a group it doesn’t like. Free speech means no back-door bullying.
Pickering v. Board of Education (1968)
A teacher spoke out on school funding and got fired. The Court said public employees don’t give up their First Amendment rights. Government bosses have to balance workplace needs with the worker’s right to speak.
If you're interested, I share more content like this over on my Substack at https://mitchthelawyer.substack.com
