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Freedom of speech is protected by the United States Constitution as a fundamental right. It is included in the Bill of Rights, which was the first set of amendments to the Constitution. Unlike in many countries, Americans are given the right to criticize the government and government leaders in public as well as in private.
In the 20th century, the Supreme Court established that freedom of speech also extended to nonverbal gestures (for example, flag burning), known in the law as freedom of expression. The Supreme Court has also established that freedom of speech applies to material appearing on the Internet. Freedom of speech is also written into many state constitutions. -
There are constitutional limits on freedom of speech. There are several levels of scrutiny, depending on the limitations imposed. Limitations on the manner, time and place where speech occurs are generally upheld if they are universally applied, allow for alternative means of expressing the same content, are narrowly defined and are motivated by a legitimate government interest.
Limits on commercial speech such as advertising are more likely to be upheld than limits on private speech. Truth in advertising laws are a prime example of such limitations. Restrictions on obscenity are often overturned, but are more likely to be upheld when applied to hard-core pornography, with the standard being that the content must have no artistic value and must appeal to prurient interest.
Fighting words, or speech which is designed to trigger violence, is also restricted. This restriction is difficult to uphold, however. Hate crime laws in the late 20th century attempted to overcome these hurdles by focusing on acts surrounding hate-inspired speech that harm the target of the derogatory or defamatory language.
The clear and present danger restriction on freedom of speech refers to irresponsible acts such as yelling "Fire!" in a crowded location where there is actually no fire. In the present, the clear and present danger restriction is almost always limited to speech that is nonpolitical or unconnected to protest.
Finally, libel and slander are restricted under the Constitution, although the standards for public figures such as celebrities are somewhat more lax than for private citizens. Truth is the only absolute defense against libel and slander accusations. -
Restrictions on content and viewpoint are often labeled as censorship. Such restrictions must pass strict scrutiny and are often overturned. This is almost always the case with prior restraint, or the restriction of speech before the fact. However, the courts have found that government has the right to censor its own speech, which has sparked numerous court battles.
During the McCarthy Era, freedom of speech was sharply restricted by the ever-present threat of being labeled as a Communist, or anti-American. During this period many prominent writers, entertainers and other public figures were blacklisted, or prevented from working in their fields, because of accusations, true or not, of membership in the Communist Party. More recently, many Americans have viewed the Patriot Act and related legislation as unfair restriction on freedom of speech. -
Freedom of the press is a special type of freedom of speech. Freedom of the press has also resulted in exposure of wrongdoing in organized crime, in the highest levels of corporate America and even in the government. Unlike in many countries, freedom of the press is a recognized right in the United States.
It is also recognized by many Americans that a free press is an important element of democratic government. A famous instance where freedom of the press worked to expose government wrongdoing was Watergate, where an investigation by Bob Woodward and Carl Bernstein, published in "The Washington Post," eventually resulted in the resignation of then-President Richard M. Nixon, who faced possible impeachment charges.
Criticism of government and government officials is also recognized as an aspect of freedom of the press. Many editorial cartoonists, for instance, regularly satirize government figures in unflattering caricatures. Editorials in writing and on the air also frequently criticize government decisions and policies. -
Freedom of assembly is also guaranteed under the Constitution, and along with freedom of speech, allows peaceful protests for nearly any group. Many state and local laws regulate demonstrations, but only in the interest of protecting the safety of all citizens and limiting the disruption of traffic in busy areas.
Civil disobedience, or a deliberate yet peaceful refusal to comply with certain laws, has been used frequently as a form of protest. During the 20th century, black civil rights activists would regularly attempt to receive service in segregated restaurants or refuse to move to the back of a segregated bus. In other instances, protesters will stage sit-ins where they occupy a location, often a government building, and refuse to leave the premises. These gestures often result in misdemeanor trespassing charges; however, such charges rarely result in convictions.
