Contents
Freedom of speechthe right to express opinions without government restraintis a democratic ideal that dates back to ancient Greece. In the United States, the First Amendment guarantees free speech, though the United States, like all modern democracies, places limits on this freedom. In a series of landmark cases, the U.S. Supreme Court over the years has helped to define what types of speech areand arentprotected under U.S. law.
The ancient Greeks pioneered free speech as a democratic principle. The ancient Greek word parrhesia means free speech, or to speak candidly. The term first appeared in Greek literature around the end of the fifth century B.C.
During the classical period, parrhesia became a fundamental part of the democracy of Athens. Leaders, philosophers, playwrights and everyday Athenians were free to openly discuss politics and religion and to criticize the government in some settings.
In the United States, the First Amendment protects freedom of speech.
The First Amendment was adopted on December 15, 1791 as part of the Bill of Rightsthe first ten amendments to the United States Constitution. The Bill of Rights provides constitutional protection for certain individual liberties, including freedoms of speech, assembly and worship.
The First Amendment doesnt specify what exactly is meant by freedom of speech. Defining what types of speech should and shouldnt be protected by law has fallen largely to the courts.
In general, the First Amendment guarantees the right to express ideas and information. On a basic level, it means that people can express an opinion (even an unpopular or unsavory one) without fear of government censorship.
It protects all forms of communication, from speeches to art and other media.
While freedom of speech pertains mostly to the spoken or written word, it also protects some forms of symbolic speech. Symbolic speech is an action that expresses an idea.
Flag burning is an example of symbolic speech that is protected under the First Amendment. Gregory Lee Johnson, a youth communist, burned a flag during the 1984 Republican National Convention in Dallas, Texas to protest the Reagan administration.
The U.S. Supreme Court, in 1990, reversed a Texas courts conviction that Johnson broke the law by desecrating the flag. Texas v. Johnson invalidated statutes in Texas and 47 other states prohibiting flag burning.
Scroll to Continue
Not all speech is protected under the First Amendment.
Forms of speech that arent protected include:
Speech inciting illegal actions or soliciting others to commit crimes arent protected under the First Amendment, either.
The Supreme Court decided a series of cases in 1919 that helped to define the limitations of free speech. Congress passed the Espionage Act of 1917, shortly after the United States entered into World War I. The law prohibited interference in military operations or recruitment.
Socialist Party activist Charles Schenck was arrested under the Espionage Act after he distributed fliers urging young men to dodge the draft. The Supreme Court upheld his conviction by creating the clear and present danger standard, explaining when the government is allowed to limit free speech. In this case, they viewed draft resistant as dangerous to national security.
American labor leader and Socialist Party activist Eugene Debs also was arrested under the Espionage Act after giving a speech in 1918 encouraging others not to join the military. Debs argued that he was exercising his right to free speech and that the Espionage Act of 1917 was unconstitutional. In Debs v. United States the U.S. Supreme Court upheld the constitutionality of the Espionage Act.
The Supreme Court has interpreted artistic freedom broadly as a form of free speech.
In most cases, freedom of expression may be restricted only if it will cause direct and imminent harm. Shouting fire! in a crowded theater and causing a stampede would be an example of direct and imminent harm.
In deciding cases involving artistic freedom of expression the Supreme Court leans on a principle called content neutrality. Content neutrality means the government cant censor or restrict expression just because some segment of the population finds the content offensive.
In 1965, students at a public high school in Des Moines, Iowa, organized a silent protest against the Vietnam War by wearing black armbands to protest the fighting. The students were suspended from school. The principal argued that the armbands were a distraction and could possibly lead to danger for the students.
The Supreme Court didnt bitethey ruled in favor of the students right to wear the armbands as a form of free speech in Tinker v. Des Moines Independent School District. The case set the standard for free speech in schools. However, First Amendment rights typically dont apply in private schools.
What does free speech mean?; United States Courts.Tinker v. Des Moines; United States Courts.Freedom of expression in the arts and entertainment; ACLU.
See original here:
Freedom of Speech - Origins, First Amendment & Limits - HISTORY
- Supreme Court revives NRA's lawsuit alleging that New York violated its First Amendment rights - POLITICO - June 2nd, 2024
- Opinion | The NRA deserved its First Amendment win at the Supreme Court - The Washington Post - The Washington Post - June 2nd, 2024
- Why Justice Sotomayor just handed the NRA a big Supreme Court victory - Vox.com - June 2nd, 2024
- NRA v. Vullo: A Big First Amendment Win at the High Court - Cato Institute - June 2nd, 2024
- Theres a First Amendment right to express Second Amendment views - Washington Examiner - June 2nd, 2024
- Unanimous First Amendment Victory for the NRA (Represented by the ACLU) - Reason - June 2nd, 2024
- In a Victory for Assange and First Amendment, UK Court Grants Right to Appeal Truthout - Truthout - June 2nd, 2024
- Supreme Court Says Government Bullying Can Violate the First Amendment - Goldwater Institute - June 2nd, 2024
- Preemption, the First Amendment, and Ineffective Assistance of Counsel on Todays Decisional Menu - SCOTUS Today - The National Law Review - June 2nd, 2024
- University of Michigan police officers suspension violated First Amendment, jury finds - MLive.com - June 2nd, 2024
- SCOTUS Unanimously Sides With NRA in First Amendment Case - The Reload - June 2nd, 2024
- Video is at the center of First Amendment case against North East School District - GoErie.com - June 2nd, 2024
- NRA gets 1st Amendment win as Supreme Court blasts NY official who pressured banks to cut ties with gun lobby - The Independent - June 2nd, 2024
- Cleveland Cliffs and its CEO should put on the big boy pants and stop going against the 1st Amendment: Today - cleveland.com - June 2nd, 2024
- TikToks Future in U.S. Depends on Bet on First Amendment - The New York Times - May 15th, 2024
- Opinion | Campus protests, young people and importance of the First Amendment - Bridge Michigan - May 15th, 2024
- Shielded Speech: Exploring the First Amendment in Anonymous Online Discourse - Disruptive Competition Project - May 15th, 2024
- The 8 First Amendment cases the Supreme Court will decide this term - Foundation for Individual Rights and Expression - May 15th, 2024
- Umut Bayramoglu: The night the First Amendment died on Jayhawk Boulevard, and why you should care (Column) - The Lawrence Times - May 15th, 2024
- Court dismisses First Amendment lawsuit filed against Palomar Health by one of its directors - The San Diego Union-Tribune - May 15th, 2024
- Yolo County group gets settlement with county over 1st Amendment - ABC10.com KXTV - May 15th, 2024
- TikTok creators sue to block law that could lead to a ban - The Washington Post - May 15th, 2024
- Letter to the Editor: That remarkable First Amendment Muddy River News - Muddy River News - May 15th, 2024
- TikTok sues the US over attempts to force its Chinese parent to sell the social media platform, citing First Amendment - ABC News - May 15th, 2024
- Sunday Business Page: Campus protests and the First Amendment - CBS Pittsburgh - May 15th, 2024
- First Amendment protections for public comment at government meetings - Foundation for Individual Rights and Expression - May 15th, 2024
- Survey shows: Most Americans are concerned about the future of free speech - Foundation for Individual Rights and Expression - May 15th, 2024
- First Amendment argument 'not in play' with TikTok bill rebuttal: Ajit Pai - Fox Business - May 15th, 2024
- On resistance, revolution, and dissent campus protests in 44 states and the District of Columbia First Amendment ... - Foundation for Individual... - May 15th, 2024
- The Antisemitism Controversy Shows the Wisdom of the First Amendment The Future of Freedom Foundation - The Future of Freedom Foundation - May 15th, 2024
- Hate speech, the First Amendment and the college conundrum - The Hill - January 15th, 2024
- Big Oil Is Weaponizing The First Amendment - The Lever - January 15th, 2024
- Robert Post: 'There is growing pessimism about the future of free speech in the United States' First Amendment ... - Foundation for Individual Rights... - January 15th, 2024
- Court sends case of prosecutor suspended by DeSantis back to trial judge over First Amendment issues - The Associated Press - January 15th, 2024
- Professor's Lawyers Argue: Private University Student Newspapers Are Not Entitled to First Amendment Protection - Reason - January 15th, 2024
- Appeals court says DeSantis violated Andrew Warren's First Amendment rights - Creative Loafing Tampa - January 15th, 2024
- Lawsuit Over UC Santa Cruz's Diversity Statements Dismissed on Standing Grounds - Reason - January 15th, 2024
- First Amendment claim struck down in Project Veritas case focused on diary of Biden's daughter - The Associated Press - December 28th, 2023
- First Amendment claim struck down in Project Veritas case focused on diary of Biden's daughter - NBC News - December 28th, 2023
- Project Veritas's First Amendment Claim to the Diary of Biden's Daughter Denied By Judge - Vanity Fair - December 28th, 2023
- Veritas' First Amendment claim in Biden's daughter's diary rejected by judge - Axios - December 28th, 2023
- 2023 Year in Review: The U.S. Supreme Court's Busy Year of Free Speech and Tech Cases - EFF - December 28th, 2023
- Cook County Sheriffs Office accused of retaliation and First Amendment violations - Chicago Reporter - December 28th, 2023
- The Religious Liberty Step Too Far That Could Destroy the Common Good If We Let It - Justia Verdict - December 28th, 2023
- First Amendment Likely Protects Even Unlicensed Engineers' Right to Provide Expert Opinion in Government ... - Reason - December 28th, 2023
- Social Media Censorship and The First Amendment - Reason - December 28th, 2023
- Voices from the State University of New York at Fredonia: Banning of books contradicts our First Amendment - Evening Observer - December 28th, 2023
- 1st Amendment claim struck down in Project Veritas case focused on diary of Biden's daughter - Santa Fe New Mexican - December 28th, 2023
- Project Veritas First Amendment | US and World News | wvnews.com - WV News - December 28th, 2023
- 1st Amendment claim struck down in Project Veritas case focused on diary of Biden's daughter - News10NBC - December 28th, 2023
- 1st Amendment claim struck down in Project Veritas case focused on diary of Biden's daughter - WAND - December 28th, 2023
- First Amendment Claim Rejected in Project Veritas Case Focused on Diary of Biden's Daughter - NEWSnet media - December 28th, 2023
- Trump Demands Dismissal Of GA RICO Citing First Amendment Right To Ask Politicians To Do Crimes - Above the Law - December 20th, 2023
- Courts Are Choosing TikTok Over Children - The Atlantic - December 20th, 2023
- Legislators Don't Have First Amendment Right Not to Show Up to Legislature - Reason - December 20th, 2023
- These university presidents need to go back to school on the First Amendment - Washington Examiner - December 20th, 2023
- Is saying 'From the river to the sea, Palestine will be free' protected speech under the First Amendment? - Foundation for Individual Rights in... - December 20th, 2023
- UPDATE: Annapolis First Amendment Auditor Sentenced to 90 Days for Criminal Trespassing at Calvert Health ... - Southern Maryland News Net - December 20th, 2023
- Free Speech and "Harassment Restraining Orders" - Reason - December 20th, 2023
- East Lansing ordered to pay farm more than $800000 in First Amendment lawsuit - WKAR - December 20th, 2023
- RCFP urges SCOTUS to reverse ruling in First Amendment retaliation case - Reporters Committee for Freedom of the Press - December 20th, 2023
- What are the legal, practical bounds of free speech on college campuses? - University of Illinois Urbana-Champaign - December 20th, 2023
- Standing Guard | SCOTUS To Hear First Amendment Case | An Official Journal Of The NRA - America's 1st Freedom - December 20th, 2023
- What the college presidents got wrong about the First Amendment - WBUR News - December 20th, 2023
- Big win for the First Amendment in Virginia - Washington Examiner - December 20th, 2023
- Trump, in filing, asks judge to dismiss 'invalid' Georgia election interference charges - ABC News - December 20th, 2023
- First Amendment Auditor Sentenced To 90 Days In Jail For Criminal Trespass In Calvert County - Bay Net - December 20th, 2023
- The Bill of Rights Super-Quiz Civic Nebraska - Civic Nebraska - December 20th, 2023
- Second Amendment Roundup: Second Circuit Opines on New York's Gun Restrictions - Reason - December 20th, 2023
- Opinion | University presidents get schooled in free speech and antisemitism - The Washington Post - December 20th, 2023
- Is the racist tirade in a viral TikTok out of Midvale protected by the First Amendment? - KUTV 2News - December 20th, 2023
- Judge rejects town's ban on 'thin blue line' flag: 'Resounding win for the First Amendment' - Alabama's News Leader - November 17th, 2023
- An unprecedented First Amendment issue: Trump cites gag order appeal as reason for Thanksgiving extension to support three-pronged attack on Jack... - November 17th, 2023
- Trump strangely not mentioned during SCOTUS hearing on First Amendment case over encouraging violations of federal law - Law & Crime - March 31st, 2023
- Werewolf Therapeutics - On March 16, Entered Into A First ... - Kalkine Media - March 23rd, 2023
- Lawmakers submit more than 140 amendments as House opens process for first time in seven years - The Hill - January 30th, 2023
- National organization wants to join legal fight over Beachwood, police chiefs efforts to unmask anonymous cr - cleveland.com - January 30th, 2023
- Bill of Rights | The First Amendment Encyclopedia - January 22nd, 2023
- 10 Facts About the First Amendment and Elections - January 22nd, 2023
- Auditors vow to descend on CT if law passed putting rules on First Amendment - FOX61 Hartford - January 22nd, 2023