Which category of speech is included among the unprotected types under the First Amendment?

Study for the LSBPIE Private Investigator Exam. Use interactive flashcards and multiple-choice questions with detailed explanations. Prepare effectively for your examination!

The First Amendment of the United States Constitution protects a wide range of speech; however, not all forms of speech are considered protected. Obscenity is one of the categories of speech that is unprotected under the First Amendment.

The legal standard for obscenity was established by the Supreme Court in the Miller v. California case, which set forth criteria determining whether material is obscene, focusing on whether it depicts sexual conduct in a patently offensive way, lacks serious literary, artistic, political, or scientific value, and whether it appeals to the prurient interest of the average person.

In contrast, political speech is generally protected due to its vital role in a democratic society. Hate speech, while often socially condemned, has certain protections unless it incites violence or constitutes true threats. Symbolic speech, which includes actions that are intended to convey a specific message (like flag burning), is generally protected as well. Thus, obscenity stands apart as a clearly defined category of speech that lacks First Amendment protection, making it the correct answer in this context.

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