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The Conversation

Ray Brescia, Associate Dean for Research and Intellectual Life, Albany Law School

How the First Amendment protects Americans’ speech − and how it does not

Donald Trump Jimmy Kimmel United States Brendan Carr Charlie Kirk Tucker Carlson

Demonstrators protest the suspension of the "Jimmy Kimmel Live!" show on Sept. 18, 2025, in Los Angeles, Calif. Photo by Mario Tama/Getty Images

Imagine a protest outside the funeral of a popular political leader, with some of the protesters celebrating the death and holding signs that say things like “God Hates the USA/Thank God for 9/11,” “America is Doomed” and “Don’t Pray for the USA.”

No matter the political leanings of that leader, most Americans would probably abhor such a protest and those signs.

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