🗽 Free Speech Laws in the United States

The First Amendment of the U.S. Constitution guarantees the right to freedom of speech, prohibiting the government from restricting expression based on its content or viewpoint. However, this right is not absolute.

💡 What Is Protected?

• Political speech, including protests and criticisms of the government
• Symbolic speech, such as flag burning (Texas v. Johnson, 1989)
• Artistic and expressive works
• Freedom of the press and peaceful assembly

🚫 Limitations to Free Speech

• Incitement to imminent lawless action (Brandenburg v. Ohio, 1969)
• True threats and harassment
• Obscenity (Miller v. California, 1973)
• Defamation (libel and slander)
• Child pornography
• Commercial speech (advertising) can be regulated

📚 Landmark Court Cases

• Schenck v. United States (1919): “Clear and present danger” test introduced
• Brandenburg v. Ohio (1969): Refined standard for incitement
• Tinker v. Des Moines (1969): Students do not shed rights at the schoolhouse gate
• Texas v. Johnson (1989): Flag burning protected as symbolic speech
• Citizens United v. FEC (2010): Corporations have political speech rights

📝 Conclusion

Free speech is a core pillar of American democracy, but it exists within a framework of rules and limitations. Understanding your rights helps ensure they are protected and responsibly exercised.