13. What conduct is protected pursuant to the 1st Amendment’s 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.
• Discussion: Why do you think the freedom of speech is interpreted broadly to include all forms of expression? What type of events have you witnessed that are protected under the 1st Amendment’s freedom of speech? Does the breadth in types of conduct to which the freedom of speech applies surprise you?
• Practice Question: Small Town is a small city located in Mississippi. Small Town has a local ordinance that prohibits publicly criticizing state officials who visit the town as part of their official duties. This includes writing derogatory articles in the newspaper or speaking ill of these individuals in public. The objective of the ordinance is to prevent citizens of the town from alienating state officials who may be linked to state funding or other resources that the town needs. Can you see any Constitutional issues with this ordinance?