Louisiana Private Investigator Licensing Practice Exam

Which of the following categories of speech is not protected by the First Amendment?

1. Political speech

2. Commercial speech

3. Fighting words

4. Artistic expression

The correct answer is: Fighting words

Fighting words are categorized as unprotected speech under the First Amendment because they are defined as words that are likely to provoke a violent reaction or incite immediate violence from the person to whom they are directed. The U.S. Supreme Court has established that certain types of speech, especially those that can lead to physical harm or breach the peace, do not enjoy First Amendment protection. The rationale behind this is to maintain public order and safety; therefore, speech that instigates violence does not receive the same level of constitutional safeguards as other forms of expression. In contrast, political speech, commercial speech, and artistic expression are generally protected by the First Amendment. Political speech is crucial in a democratic society as it allows for discourse on governmental affairs and policy. Commercial speech, although regulated to prevent misleading advertisements, is still protected to some degree as it is tied to economic interests and consumer rights. Artistic expression is also broadly protected, underscoring the value placed on creativity and individual expression within society. The distinction lies in the potential harm that certain expressions can cause, which explains why fighting words fall outside the protective embrace of the First Amendment.