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

By Ray Brescia, Associate Dean for Research and Intellectual Life, Albany Law School

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.

The situation described above is taken from an actual protest, though it did not involve the funeral of a political…

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