We have a long history of jurisprudence on the 1st Amendment, so the types of things that are not “protected speech” are pretty well defined (with the notable exception of “obscenity”, which is only loosely defined).
So yes, you’re going to need to pass an amendment if you want to add an entirely new class of speech to the “unprotected” category.
“So yes, you’re going to need to pass an amendment if you want to add an entirely new class of speech to the “unprotected†category.”
It seems to me unlikely that Congress can impose involuntary servitude (the draft) but cannot proscribe stolen valor. They just need to make the argument that proscribing stolen valor is essential to their constitutional power to raise an army. I’m surprised that argument, which seems quite obvious to me, hasn’t been made yet.