Freedom of Speech in the US
What Is Freedom of Speech in the US?
Freedom of speech in the US is a constitutional right established by the First Amendment, which prohibits Congress from abridging the freedom of expression, press, assembly, and petition (Jennifer Petersen et al., 2022). This right is fundamental to the American system of government and society (H. L. Pohlman et al., 2019). Although the amendment's text specifically mentions "Congress," the Supreme Court has incorporated these guarantees into the Fourteenth Amendment, making them equally applicable to state governments (Earl Pollock et al., 2008).
Historical Development and Evolution
The concept of free speech has evolved from a narrow protection against "prior restraints"—government licenses for publication—to a broad personal liberty (H. L. Pohlman et al., 2019). Historically, ordinary individuals had limited rights to criticize authority, often speaking freely only for religious purposes (Ken I. Kersch et al., 2003). Throughout the twentieth century, the legal definition of "speech" expanded beyond oratory and print to include expressive conduct, such as wearing armbands or silent protests, which were not originally recognized as protected activities (Jennifer Petersen et al., 2022).
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Core Principles and Legal Framework
A central principle of the First Amendment is the protection of the right to criticize the government and its officials (Lee C. Bollinger et al., 2018). The Supreme Court has established that the government generally cannot regulate speech based on its content, message, or viewpoint (Earl Pollock et al., 2008). This framework prevents "official orthodoxy" and protects dissent, ensuring that no official can prescribe what citizens must believe regarding politics, nationalism, or religion (Cass R. Sunstein et al., 2005).
Limitations and Unprotected Speech
Freedom of speech is not absolute and does not bar every regulation (Earl Pollock et al., 2008). Certain categories of expression remain unprotected, including obscenity, defamation, perjury, and "fighting words" (George Reynolds et al., 2018). Additionally, while the government can restrict speech that incites violence, the Supreme Court ruled in Brandenburg v. Ohio that such advocacy is only punishable if it is directed to inciting "imminent lawless action" and is likely to produce such action (Earl Pollock et al., 2008)(Lee C. Bollinger et al., 2018).
