Freedom of Speech - Explained
What is Freedom of Speech?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is the Freedom of Speech under the US Constitution?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
What conduct is protected pursuant to the 1st Amendments assurance of freedom of speech?
The 1st Amendment provides for the freedom to speak and express oneself.
The freedom of speech is far broader in its protections than simply protecting the spoken word. It protects individual rights with regard to any form of expression.
Forms of expression may include speech, writings, physical expressions, symbols or symbolic activity, etc.
The freedom of speech may still face certain limitations by the government. Certain types of speech are not protected.
Further, the government may place certain limitations on the location and timing of speech that takes place on government property or somehow affects the rights of others.
- Note: Remember, the Constitution protects an individual's rights against infringement or repression by the government. Individuals or businesses cannot infringe upon an individual's freedom of speech.
- Example: ABC is a small town. A local ordinance limits the ability of citizens to give speeches or carry out other forms of expression on municipal property without first obtaining a permit. The permit procedure requires that any form of public expression be conducted within certain hours and not exceed a certain noise level. These are examples of government interference with free speech. This may, however, be legal as a limited restriction on speech. The standards applied by courts when a law infringes upon a fundamental right are discussed at the end of this chapter.
Related Concepts
- What is the 1st Amendment?
- What are the Establishment Clause and Free Exercise Clause
- How does freedom of religion affect business practice?
- Speech with Limited or No Protection
- What is Obscene Speech?
- What are Fighting Words?
- What is Commercial Speech?
- What is Defamation?
- What is Political Speech?
- Overbreadth and Overly Broad Laws
- Freedom of the Press
- Freedom of Assembly