1) There are a variety of speeches that are not protected under the first amendment, although the United States Constitution protects the freedom of speech , the First amendment was not intended to protect every utterance. Many United States Supreme Court cases have consistently held that there are narrow categories of speech that are not protected which include but are not limited to, obscenity, child pornography, inciting to riot, libel, false advertising, perjury, threats, harassment, and invasion of privacy.
Although the definition of obscenity is not sufficiently clear, the United States Supreme Court provided a workable attempt in defining what is obscene. In 1973 in the case of Miller vs. California, the court held that before any material can be determined obscene they must determine whether the average person would find the work taken as a whole appealing to prurient interest, whether the work describes in a patently offensive way, and whether the work taken as a whole lacks serious literary, artistic, political, or scientific value. Obscenity can be in many forms such as conduct, pictorial representation of conduct and in the written and oral description of conduct with each method of expression presenting its own problems. Laws that prohibit indecent or obscene language will be struck down as unconstitutional where they do not articulate a boundary between those expressions that are protected by the constitution and this particular one is not. Racist speech cannot be protected if the victims have no other choice but to listen. If the speech can be avoided, then the speech is protected. Racial insults are not designed to do anything but injure the victim or victims. They are a preemptive strike that do not allow for rebuttal. This is because minorities believe they are likely to lose if they respond to these situations, so they tend to remain silent and