Speech Integral to Criminal Conduct

The First Amendment permits criminal punishment for speech only when it falls within an established exception. True threats, incitement to violence, obscenity, and fighting words are among the categories of speech falling outside the protections of the First Amendment (although the fighting words exception is arguably defunct as a practical matter, as I wrote here). Each category has narrow definitions and standards that must be met as a matter of constitutional law before criminal liability can be imposed. My former colleague Jonathan Holbrook has written about the incitement exception and the true threats exception before. I wanted to write about another First Amendment exception, one that is much broader than the rest—speech integral to criminal conduct. Read on for the details.

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