>>saying that lying is protected by the First Amendment unless it does real harm.
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>Commerical fraud, perjury, treason, libel, slander, and inciting a riot are all examples of speech that is not protected by the 1st Amendment.
Treason, as defined by the Constitution, would be hard to do by simply speaking.
Mildred Gillars, known popularly as “Axis Sally” (although she did not use that name on the air), was convicted of treason in WWII for a radio broadcast (a work of fiction no less). She wasn’t being charged for working for the Nazis in GENERAL or broadcasting on Nazi radio. It was the content of the broadcast.