It would be more accurate to say that deliberate lies are sometimes not free speech as decided by the courts. These circumstances include false advertising, libel, and slander.
Even in these cases, 1A does not allow the government to prevent such speech (that is, prior restraint). These are not criminal issues. If you engage in any of these practices you may be liable for civil judgments, but that's the extent of it.
It's true that there are limitations on 1A. But these are very frequently misunderstood. For example, the bit about "shouting fire in a crowded theater" is incorrect.
>Even in these cases, 1A does not allow the government to prevent such speech (that is, prior restraint). These are not criminal issues. If you engage in any of these practices you may be liable for civil judgments, but that's the extent of it.
That's incorrect. There exist many statutes that criminalize certain commercial speech. And 15 states have criminal libel laws on the books. SCOTUS hasn't ruled that criminal liable laws generally violate the 1st amendment even though they have overturned many examples in the past.
And there is no general prohibition against criminalizing speech that isn't protected by the first amendment such as fraudulent or illegal commercial speech.
