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.
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.
Excerpt from:
- Turkey's crackdown on freedom of speech intensifies - February 12th, 2015 [February 12th, 2015]
- Bill of Rights Transcript Text - National Archives and ... - February 12th, 2015 [February 12th, 2015]
- Freedom of Speech (Stanford Encyclopedia of Philosophy) - February 12th, 2015 [February 12th, 2015]
- 3 Muslims shot dead by Atheist || #muslimlivesmatter - Video - February 12th, 2015 [February 12th, 2015]
- Media Studies 104A - 2015-02-10 - Video - February 12th, 2015 [February 12th, 2015]
- USA Freedom of Speech and Jesus Christ - Video - February 12th, 2015 [February 12th, 2015]
- France Arrests French Comedian Dieudonne 3 Days After Charlie Hebdo Freedom of Speech - Video - February 12th, 2015 [February 12th, 2015]
- Charlie Hebdo's "Freedom of Speech" - Video - February 12th, 2015 [February 12th, 2015]
- John Robertson on Greg Shapiro's United States of Europe - S3Ep01 - Video - February 12th, 2015 [February 12th, 2015]
- The Illuminati: The Freedom of Speech 2015 Conspiracy - Video - February 12th, 2015 [February 12th, 2015]
- Muslims oppose insult to Islam in the name of freedom of speech - Video - February 12th, 2015 [February 12th, 2015]
- RE: HannibalTheVictor13's resentment over thunderf00t and his "freedom of speech". - Video - February 12th, 2015 [February 12th, 2015]
- Policy update restricts demonstrations - February 14th, 2015 [February 14th, 2015]
- Italian senators pass bill criminalizing denial of genocides - February 14th, 2015 [February 14th, 2015]
- Michael Buerk Interview - Freedom of Speech & Paris Attacks - Video - February 14th, 2015 [February 14th, 2015]
- 'Freedom Of Speech' Topic Tuesday #12 - Video - February 14th, 2015 [February 14th, 2015]
- One dead after shots fired at Copenhagen freedom of speech meeting - February 15th, 2015 [February 15th, 2015]
- Shots Fired at Copenhagen Free Speech Event: Reports - February 15th, 2015 [February 15th, 2015]
- One man dead and three policemen wounded at freedom of speech seminar in Denmark - February 15th, 2015 [February 15th, 2015]
- Copenhagen caf: two gunmen in terror attack at freedom of speech event - February 15th, 2015 [February 15th, 2015]
- One dead in gun attack on Danish freedom of speech meeting - February 15th, 2015 [February 15th, 2015]
- Free Speech Debate Still Alive After Attack in Denmark - February 15th, 2015 [February 15th, 2015]
- Esau uses Freedom of Speech as a weapon! - Video - February 15th, 2015 [February 15th, 2015]
- Copenhagen attacks an 'affront to freedom of speech': Tony Abbott - February 15th, 2015 [February 15th, 2015]
- Copenhagen suspect known to police - February 15th, 2015 [February 15th, 2015]
- Copenhagen police kill suspect linked to two fatal attacks - February 15th, 2015 [February 15th, 2015]
- Freedom of Speech and Freedom of Press - Lincoln University - February 15th, 2015 [February 15th, 2015]
- Copenhagen Shooting: Deadly attack at free speech meeting with cartoonist who depicted Muh - Video - February 15th, 2015 [February 15th, 2015]
- Shots fired at Copenhagens Krudttoenden cafe free speech event a report - Video - February 15th, 2015 [February 15th, 2015]
- Media Studies 104A - 2015-02-12 - Video - February 15th, 2015 [February 15th, 2015]
- WallBuilders Live 2015-02-11 Wednesday - Freedom of Speech on College Campuses - Video - February 15th, 2015 [February 15th, 2015]
- Yisrael Beytenu at Charlie Hebdo freedom of speech protest - Video - February 15th, 2015 [February 15th, 2015]
- TOI debate on freedom of speech wows Kolkata - The Times ... - February 16th, 2015 [February 16th, 2015]
- Muslims Killing Atheists! - Video - February 16th, 2015 [February 16th, 2015]
- AP Top Stories February 14 P - Video - February 16th, 2015 [February 16th, 2015]
- Duck Dynasty's Phil Robertson to Receive Freedom of Speech Award - February 17th, 2015 [February 17th, 2015]
- Freedom of speech, but... SHOTS - Video - February 17th, 2015 [February 17th, 2015]
- Letters to the editor: We must do more to stop terrorists - February 18th, 2015 [February 18th, 2015]
- Freedom Of Speech Naam Ki Koi Chiz Hoti Hai - Alia Bhatt On AIB Controversy - Video - February 18th, 2015 [February 18th, 2015]
- DoomShow,Freedom of Speech under attack by Terrrorists - Video - February 18th, 2015 [February 18th, 2015]
- Greenpeace activist refutes govt charge of being anti-national - February 19th, 2015 [February 19th, 2015]
- Jailed Al Jazeera journalist concerned about freedom of speech - February 19th, 2015 [February 19th, 2015]
- Fan claims municipal police violating freedom of speech - February 19th, 2015 [February 19th, 2015]
- Jailed journalist concerned about freedom of speech - February 19th, 2015 [February 19th, 2015]
- Denmark: Police launch manhunt for Copenhagen cafe shooter - Video - February 19th, 2015 [February 19th, 2015]
- Freedom of speech denied outside of Skillet concert Pittsburgh - Video - February 19th, 2015 [February 19th, 2015]
- Alex Jones is Right! Snowden is Right! Government Crooks Via FaceBook! - Video - February 21st, 2015 [February 21st, 2015]
- "McCann Trolling" v "Freedom of Speech" - Video - February 21st, 2015 [February 21st, 2015]
- Aamir Khan disapproves AIB Roast, KJo reacts - February 22nd, 2015 [February 22nd, 2015]
- South Africa: Post the State of the Nation Address - February 23rd, 2015 [February 23rd, 2015]
- The Great Purge of Free Speech Has Begun............ - Video - February 23rd, 2015 [February 23rd, 2015]
- Big Brother Watch calls for reform of social media communications laws - February 24th, 2015 [February 24th, 2015]
- Comment on Have an opinion? Stuff it! by boh-liao - February 24th, 2015 [February 24th, 2015]
- Sports Hotline: What happened to freedom of speech - have Rangers fans lost their right to offend? - February 24th, 2015 [February 24th, 2015]
- Freedom of Speech: Canadians support Charlie Hebdos choice to publish images of Prophet Muhammad - February 24th, 2015 [February 24th, 2015]
- Should there be limitations on freedom of speech? - Video - February 24th, 2015 [February 24th, 2015]
- Topic Tuesday #39 - Freedom of Speech? (Minecraft Survival Games Gameplay) - Video - February 24th, 2015 [February 24th, 2015]
- DW Freedom of Speech Award for Raif Badawi - February 25th, 2015 [February 25th, 2015]
- THROWDOWN THURSDAY: The Four Causes of Anti-Israelism - February 26th, 2015 [February 26th, 2015]
- FCC Reinstates Net Neutrality, Protecting Open Internet - February 27th, 2015 [February 27th, 2015]
- CPDP 2015: Online privacy versus freedom of speech. Balancing rights in the EU context. - Video - February 27th, 2015 [February 27th, 2015]
- Net neutrality lobby victorious after FCC ruling - February 27th, 2015 [February 27th, 2015]
- Freedom of speech means tolerating opposing viewpoints - March 2nd, 2015 [March 2nd, 2015]
- The Death of Freedom of Speech on the Internet - Video - March 2nd, 2015 [March 2nd, 2015]
- Dangerman - Freedom Of Speech - Video - March 2nd, 2015 [March 2nd, 2015]
- Rebel Ratepayer Raps 4 Freedom of Speech in City of Melton, Melbourne - Video - March 2nd, 2015 [March 2nd, 2015]
- Students stand up for free speech at UI - March 2nd, 2015 [March 2nd, 2015]
- John Kerry asked to act on murder of Avijit Roy - March 3rd, 2015 [March 3rd, 2015]
- Not so Charlie now? - March 4th, 2015 [March 4th, 2015]
- ISIS Supporters Threaten "Charlie Hedbo style" Attack Against Twitter Employees - March 4th, 2015 [March 4th, 2015]
- AIB trying hard about freedom of speech - Video - March 4th, 2015 [March 4th, 2015]
- Freedom of Speech situation in Bangladesh BBC World Service discussion - Video - March 4th, 2015 [March 4th, 2015]
- Noam Chomsky on Freedom of Speech and Anti-Fascism [full] - Video - March 4th, 2015 [March 4th, 2015]
- AND..Y we should stand up for freedom of speech | AIB Roast | Delhi Elections | AAP - Video - March 4th, 2015 [March 4th, 2015]
- Vclav Havel Fellowship programme helps young journalists from post-Soviet bloc states - March 5th, 2015 [March 5th, 2015]
- Murderers condemned as message of peace is North Herts conferences priority - March 5th, 2015 [March 5th, 2015]
- four freedoms speech - FDR - Video - March 5th, 2015 [March 5th, 2015]
- Watch what the youth feels about the AIB Roast Controversy & so called "freedom of speech" - Video - March 5th, 2015 [March 5th, 2015]
- freedom of speech eminem remix - Video - March 5th, 2015 [March 5th, 2015]
- Freedom of speech has no limits- - Video - March 5th, 2015 [March 5th, 2015]