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Black(2003), the Supreme Court defined true threats as “those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.” The Court clarified that the speaker “need not actually intend to carry out the threat.” True threats are distinguishable from heated rhetoric. Ohio (1969), the Supreme Court of the United States held the First Amendment does not protect speech that is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” Mere advocacy of lawbreaking or violence remains protected speech as long as it is not intended to and likely to provoke immediate unlawful action. ![]() Categories of Unprotected Speech Incitement Below, we detail categories of speech that fall outside of constitutional protections. 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