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Argumentative Essays on Freedom of Speech

Freedom of speech essay topic examples, argumentative essays.

Argumentative essays on freedom of speech require you to take a stance on a specific aspect of this topic and provide evidence to support your viewpoint. Consider these topic examples:

• 1. Argue for the importance of protecting hate speech as a form of free expression, emphasizing the principles of free speech and the potential consequences of limiting it.
• 2. Debate the ethical implications of social media platforms censoring or moderating content, exploring the balance between maintaining a safe online environment and upholding free speech rights.

Example Introduction Paragraph for an Argumentative Freedom of Speech Essay: Freedom of speech is a cornerstone of democratic societies, but it often challenges our notions of what should be protected. In this argumentative essay, we will examine the importance of safeguarding hate speech as a form of free expression, exploring the principles of free speech and the potential ramifications of its restriction.

Example Conclusion Paragraph for an Argumentative Freedom of Speech Essay: In conclusion, the argument for protecting hate speech within the bounds of free expression highlights the enduring principles of democracy and free speech. As we navigate these complex debates, we must remain committed to preserving the foundations of our democratic society.

Compare and Contrast Essays

Compare and contrast essays on freedom of speech involve analyzing the similarities and differences between various aspects of free speech laws, practices, or the historical development of free speech rights in different countries. Consider these topics:

• 1. Compare and contrast the approach to freedom of speech in the United States and European Union, examining the legal frameworks, historical context, and key differences in their protection of free expression.
• 2. Analyze the evolution of freedom of speech in the digital age, comparing the challenges and opportunities presented by online platforms and the traditional forms of free expression.

Example Introduction Paragraph for a Compare and Contrast Freedom of Speech Essay: Freedom of speech varies across different countries and contexts, raising questions about the boundaries of this fundamental right. In this compare and contrast essay, we will explore the approaches to freedom of speech in the United States and the European Union, shedding light on their legal frameworks, historical backgrounds, and notable distinctions.

Example Conclusion Paragraph for a Compare and Contrast Freedom of Speech Essay: In conclusion, the comparison and contrast of freedom of speech in the United States and the European Union reveal the multifaceted nature of this fundamental right. As we examine these diverse perspectives, we gain a deeper appreciation for the complexities surrounding free expression in our globalized world.

Descriptive Essays

Descriptive essays on freedom of speech allow you to provide detailed accounts and analysis of specific instances, historical events, or contemporary debates related to free speech. Here are some topic ideas:

• 1. Describe a landmark Supreme Court case related to freedom of speech, such as the "Tinker v. Des Moines Independent Community School District" case, and its significance in shaping free speech rights for students.
• 2. Paint a vivid picture of a recent protest or demonstration where freedom of speech played a central role, discussing the motivations of the protesters, the public's response, and the outcomes of the event.

Example Introduction Paragraph for a Descriptive Freedom of Speech Essay: Freedom of speech is often tested and defined in the courtroom and in the streets. In this descriptive essay, we will delve into the landmark Supreme Court case "Tinker v. Des Moines Independent Community School District" and its profound impact on the free speech rights of students within the educational system.

Example Conclusion Paragraph for a Descriptive Freedom of Speech Essay: In conclusion, the descriptive exploration of the "Tinker" case illustrates the enduring struggle to balance students' free speech rights with the need for a productive educational environment. As we reflect on this historical event, we are reminded of the ongoing challenges in preserving and defining freedom of speech in schools.

Persuasive Essays

Persuasive essays on freedom of speech involve advocating for specific actions, policies, or changes related to the protection or limitations of free speech rights. Consider these persuasive topics:

• 1. Persuade your audience of the importance of enacting legislation to combat "cancel culture" and protect individuals' right to express unpopular opinions without fear of social or professional consequences.
• 2. Advocate for greater transparency and accountability in social media content moderation practices, highlighting the potential impact on free speech and the public's right to access diverse information.

Example Introduction Paragraph for a Persuasive Freedom of Speech Essay: The boundaries of free speech are continually tested in our rapidly changing society. In this persuasive essay, I will make a compelling case for the necessity of legislation to combat "cancel culture" and preserve individuals' right to express dissenting views without facing severe social or professional repercussions.

Example Conclusion Paragraph for a Persuasive Freedom of Speech Essay: In conclusion, the persuasive argument for legislation against "cancel culture" underscores the importance of safeguarding free speech in the face of societal pressures. As we advocate for change, we contribute to the preservation of a diverse and inclusive marketplace of ideas.

Narrative Essays

Narrative essays on freedom of speech allow you to share personal stories, experiences, or observations related to free speech, your encounters with debates or controversies, or the impact of free expression on your life. Explore these narrative essay topics:

• 1. Narrate a personal experience where you exercised your right to free speech, detailing the circumstances, motivations, and reactions from others, and reflecting on the significance of your actions.
• 2. Share a story of your involvement in a community or online discussion where freedom of speech played a central role, emphasizing the challenges and rewards of engaging in open dialogue.

Example Introduction Paragraph for a Narrative Freedom of Speech Essay: Freedom of speech is not just an abstract concept; it is a lived experience. In this narrative essay, I will take you through a personal journey where I exercised my right to free speech, recounting the circumstances, motivations, and the impact of my actions on those around me.

Example Conclusion Paragraph for a Narrative Freedom of Speech Essay: In conclusion, the narrative of my personal experience with free speech highlights the transformative power of open dialogue and individual expression. As we share our stories, we contribute to the rich tapestry of voices that define our commitment to this essential democratic principle.

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Freedom of speech is a fundamental human right that encompasses the liberty to express thoughts, opinions, beliefs, and ideas without fear of censorship, reprisal, or governmental interference.

1. The right to seek information and ideas; 2. The right to receive information and ideas; 3. The right to impart information and ideas.

The concept of freedom of speech has deep historical roots, originating from ancient civilizations and evolving through various historical contexts. The ancient Greeks, particularly in Athens, valued free expression and public debate, considering it essential for democratic governance. Similarly, the Roman Republic allowed citizens the freedom to express their opinions in political matters. The modern understanding of freedom of speech emerged during the Age of Enlightenment in the 17th and 18th centuries. Prominent thinkers like John Locke and Voltaire advocated for the right to express ideas without censorship or persecution. Their ideas influenced the development of democratic societies and the recognition of freedom of speech as a fundamental human right. The historical context of freedom of speech also includes pivotal moments, such as the American Revolution and the French Revolution. These revolutions challenged the existing oppressive regimes and led to the inclusion of free speech protections in their respective declarations of rights. Since then, the concept of freedom of speech has been enshrined in numerous international human rights documents, such as the Universal Declaration of Human Rights and the First Amendment to the United States Constitution.

The freedom of speech is a fundamental right protected by the First Amendment of the United States Constitution. It guarantees individuals the right to express their opinions, beliefs, and ideas without fear of government censorship or retaliation. The historical context of freedom of speech in the US can be traced back to the country's founding. The American Revolution and the subsequent establishment of the Constitution were driven by a desire for individual liberties, including the right to freely express oneself. Over the years, the interpretation and application of freedom of speech in the US have been shaped by landmark court cases. For instance, in the 1960s, the Supreme Court ruled in favor of protecting political and symbolic speech, even if it was controversial or dissenting. This period also saw the rise of the free speech movement, which advocated for greater rights on college campuses. However, the freedom of speech in the US is not absolute. Certain types of speech, such as obscenity, defamation, incitement to violence, and hate speech, are subject to limitations and can be legally restricted.

Thomas Jefferson: As one of the Founding Fathers of the United States, Jefferson was a staunch advocate for freedom of speech. He believed that a free exchange of ideas was vital for a democratic society and emphasized its protection in the First Amendment. Voltaire: A French philosopher and writer, Voltaire championed the principles of free expression and tolerance. His writings challenged oppressive regimes and promoted the idea that individuals should have the right to speak their minds without fear of persecution. Martin Luther King Jr.: Known for his leadership in the American civil rights movement, King passionately defended free speech as a means to advocate for social justice. His powerful speeches and peaceful protests were instrumental in promoting equality and challenging systemic racism. John Stuart Mill: An influential philosopher and political economist, Mill articulated the concept of the "marketplace of ideas" and argued for unrestricted freedom of speech. He believed that through open and robust debate, society could discover the truth and prevent the suppression of minority viewpoints.

Public opinion on the freedom of speech varies widely, reflecting the diversity of perspectives within societies around the world. While many individuals staunchly uphold the value and importance of free speech as a fundamental human right, others harbor concerns and reservations regarding its boundaries and potential consequences. Additionally, cultural and societal factors significantly shape public opinion on freedom of speech. Different countries and communities may have distinct historical experiences, cultural norms, and legal frameworks that influence their perspectives. The balance between individual freedoms and collective well-being may vary across societies, leading to differing opinions on where the boundaries of free speech should lie. Technological advancements and the rise of social media platforms have further complicated public opinion on freedom of speech. The digital age has enabled individuals to express their views on a global scale, amplifying the impact and reach of their words. However, it has also highlighted concerns about online harassment, the spread of misinformation, and the potential for manipulation and abuse of free speech rights. As a result, debates emerge around the role of platforms in regulating speech and ensuring the responsible use of online communication tools.

1. Protection of democratic principles 2. Advancement of knowledge and progress 3. Promotion of individual autonomy 4. Protection of minority rights 5. Defense against tyranny

1. Harmful and hateful speech 2. Protection of vulnerable groups 3. Misinformation and propaganda 4. Privacy and dignity 5. Societal stability and public safety

1. The recognition of speech protection can be traced back to the signing of the Magna Carta in 1215, marking an early milestone in safeguarding the freedom of expression. 2. In 399 BC, the renowned Greek philosopher Socrates faced persecution for his advocacy of unrestricted speech, showcasing the historical roots of the ongoing struggle for free speech rights. 3. A significant majority, approximately 70% of Americans, believe in the importance of granting individuals the right to free speech, even if their words are deemed highly offensive or controversial. 4. A pivotal moment for student rights came in 1969 with the Supreme Court case Tinker v. Des Moines, which affirmed that students maintain their right to free speech even within the confines of school hours.

The topic of freedom of speech is of immense importance for writing an essay due to its fundamental role in society. Freedom of speech is a cornerstone of democracy, enabling individuals to express their opinions, ideas, and beliefs openly without fear of censorship or retribution. It serves as a catalyst for societal progress, allowing for the exchange of diverse perspectives, critical thinking, and the challenging of established norms. Exploring the concept of freedom of speech in an essay provides an opportunity to delve into its historical significance and the ongoing struggles for its protection. It allows for an examination of the complex balance between free expression and the limitations necessary to prevent harm or hate speech. Additionally, discussing the importance of freedom of speech facilitates a deeper understanding of its role in fostering social justice, political discourse, and the protection of minority voices. Moreover, the topic invites exploration of contemporary issues such as online censorship, fake news, and the challenges posed by the digital age. By analyzing case studies, legal frameworks, and international perspectives, an essay on freedom of speech can shed light on the ongoing debates, dilemmas, and potential solutions to ensure its preservation in an ever-evolving society.

1. Sullivan, K. M. (2010). Two concepts of freedom of speech. Harvard Law Review, 124(1), 143-177. (https://www.jstor.org/stable/20788316) 2. Van Mill, D. (2002). Freedom of speech. (https://plato.stanford.edu/ENTRIES/freedom-speech/) 3. Bogen, D. (1983). The origins of freedom of speech and press. Md. L. Rev., 42, 429. (https://heinonline.org/HOL/LandingPage?handle=hein.journals/mllr42&div=20&id=&page=) 4. Yong, C. (2011). Does freedom of speech include hate speech?. Res Publica, 17, 385-403. (https://link.springer.com/article/10.1007/s11158-011-9158-y) 5. McHugh, M. R. (2004). Historiography and freedom of speech: the case of Cremutius Cordus. In Free Speech in Classical Antiquity (pp. 391-408). Brill. (https://brill.com/display/book/edcoll/9789047405689/B9789047405689-s018.xml) 6. Milo, D. (2008). Defamation and freedom of speech. (https://academic.oup.com/book/2591) 7. Helwig, C. C. (1998). Children's conceptions of fair government and freedom of speech. Child Development, 69(2), 518-531. (https://srcd.onlinelibrary.wiley.com/doi/abs/10.1111/j.1467-8624.1998.tb06205.x) 8. Cheung, A. S. (2011). Exercising freedom of speech behind the great firewall: A study of judges’ and lawyers’ blogs in China. Harvard International Law Journal Online. (https://harvardilj.org/wp-content/uploads/sites/15/2011/04/HILJ-Online_52_Cheung1.pdf) 9. Nieuwenhuis, A. (2000). Freedom of speech: USA vs Germany and Europe. Netherlands Quarterly of Human Rights, 18(2), 195-214. (https://journals.sagepub.com/doi/pdf/10.1177/092405190001800203)

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• Essay on Freedom of Speech in English Free PDF download

Download Important English Essay on the Topic - Freedom of Speech Free PDF from Vedantu

One of the fundamental rights of the citizens of India is ‘Freedom of Speech’. This is allowed to the citizens by a lot of countries to empower the citizens to share their own thoughts and views. This freedom of speech essay is for students of class 5 and above. The language used in this essay is plain and simple for a better understanding of the students. This freedom of speech essay example will help the students write a paragraph on freedom of speech in their own words easily.

Long Essay on Freedom of Speech

The phrase “Freedom of Speech” has been misinterpreted by some individuals who either do not actually understand the meaning of the phrase completely or have a totally different agenda in mind altogether. Every democratic country gives its citizens this freedom. The same is guaranteed by the Constitution of India too. Irrespective of your gender, religion, caste, or creed, you are guaranteed that freedom as an Indian. The values of democracy in a country are defined by this guaranteed fundamental freedom. The freedom to practice any religion, the freedom to express opinions and disagreeing viewpoints without hurting the sentiments or causing violence is what India is essentially made up of.

Indians stand out for their secularism and for spreading democratic values across the world. Thus, to save and celebrate democracy, enforcing freedom of speech in India becomes a necessity. Freedom of speech is not only about the fundamental rights, it’s also a fundamental duty to be done by every citizen rightfully so as to save the essence of democracy.

In developed democracies like the US, UK, Germany or France, we see a “freedom of speech” that is different from what we see in authoritarian countries like China, Malaysia or Syria and failed democratic countries like Pakistan or Rwanda. These governance systems failed because they lacked freedom of speech. Freedom of press gives us a yardstick to gauge the freedom of speech in a country. A healthy, liberal and strong democracy is reflected by a strong media presence in a country, since they are supposed to be the voice of the common people. A democracy that has a stomach for criticisms and disagreements is taken in a positive way. 

Some governments get very hostile when faced with any form of criticism and so they try to oppress any voices that might stand against them. This becomes a dangerous model of governance for any country. For example, India has more than hundred and thirty crores of population now and we can be sure that every individual will not have the same thought process and same views and opinions about one thing. A true democracy is made by the difference of opinions and the respect people have for each other in the team that is responsible for making the policies.

Before making a choice, all aspects and angles of the topic should be taken into consideration. A good democracy will involve all the people - supporters and critics alike, before formulating a policy, but a bad one will sideline its critics, and force authoritarian and unilateral policies upon all of the citizens.

Sedition law, a British-era law, was a weapon that was used in India to stifle criticism and curb freedom of speech during the pre-independence era. Through section 124A of Indian Penal Code, the law states that if a person with his words, written or spoken, brings hatred, contempt or excites tension towards a government or an individual can be fined or jailed or fined and jailed both. This law was used by the Britishers to stifle the freedom fighters. Today it is being used by the political parties to silence criticism and as a result is harming the democratic values of the nation. 

Many laws in India also protect the people in rightfully exercising their freedom of expression but the implementation of these laws is proving to be a challenge. Freedom of speech cannot be absolute. In the name of freedom of speech, hatred, tensions, bigotry and violence too cannot be caused in the society. It will then become ironically wrong to allow freedom of speech in the first place. Freedom of speech and expression should not become the reason for chaos and anarchy in a nation. Freedom of speech was stifled when article 370 got revoked in Kashmir. Not that the government was trying to go against the democratic values, but they had to prevent the spread of fake news, terrorism or any type of communal tensions in those areas.

Short Essay on Freedom of Speech

Freedom of speech allows the people of our country to express themselves, and share their ideas, views and opinions openly. As a result, the public and the media can comment on any political activity and also express their dissent towards anything they think is not appropriate.

Various other countries too provide freedom of speech to their citizens but they have certain limitations. Different countries have different restrictions on their freedom of speech. Some countries also do not allow this fundamental right at all and the best example being North Korea. There, the media or the public are not allowed to speak against the government. It becomes a punishable offence to criticize the government or the ministers or the political parties.

Key Highlights of the Essay - Freedom of Speech

Every democratic country gives its citizens the Freedom of Speech so as to enable the citizens to freely express their individual views, ideas and concerns. The freedom to be able to practice any religion, to be able to express individual secularism and for spreading democratic values across the world. In order to be able to save and to celebrate democracy, enforcing freedom of speech in India Is essential. Freedom of speech  about fundamental rights is also a fundamental duty of citizens in order to save the essence of democracy.  In a country, a healthy, liberal and strong democracy is always  reflected and can be seen through a strong media presence, as the media are the voice of the common people.  When faced with any form of criticism, we see some governments get very hostile,  and they  try to oppress  and stop any kind of  voices that might go against them. This is not favorable for any country. 

A good democracy involves all the people - all their various  supporters and critics alike, before they begin formulating any policies. India had the Sedition law, a British-era law that is used to stifle criticism and curb freedom of speech during the pre-independence era. The section 124A of Indian Penal Code, this law of sedition stated that if a person with his words, written or spoken, brings hatred, contempt or excites tension towards a government or an individual, then he can be fined or jailed or both. Using  freedom of speech, people spread hatred, unnecessary tensions, bigotry and some amount of violence too in the society. Ironically  in such cases, it will be wrong to allow freedom of speech. The reasons for chaos and anarchy in a nation should not be due to  Freedom of speech and expression. This law was stifled when article 370 got revoked in Kashmir, in order to prevent the spread of fake news, terrorism or any type of communal tensions in those areas.

Freedom of speech gives people of our country, the freedom to express themselves, to be able to share their ideas, views and opinions openly, where the public and the media can express and comment on any political activities and can also be able to express their dissent towards anything they think is not appropriate. Different countries have different restrictions on their freedom of speech. And it is not proper to comment on that .In Fact, there are some countries which does not allow this fundamental right , for example, North Korea where neither the media nor the public have any right to speak against or even for the government and it is a punishable offense to openly criticize the government or the or anyone in particular.

While freedom of speech lets the society grow it could have certain negative outcomes. It should not be used to disrespect or instigate others. The media too should not misuse it. We, the people of this nation, should act responsibly towards utilizing its freedom of speech and expression. Lucky we are to be citizens of India. It’s a nation that respects all its citizens and gives them the rights needed for their development and growth.

A fundamental right of every citizen of India, the  ‘Freedom of Speech’ allows citizens to share their individual thoughts and views.

FAQs on Essay on Freedom of Speech in English Free PDF download

1. Mention five lines for Freedom of Speech Essay?

i) A fundamental right that is guaranteed to citizens of a country to be able to express their opinions and points of view without any kind of censorship.

ii) A democracy’s health depends on the extent of freedom of expression of all its citizens.

iii) Freedom of speech is never absolute in nature.

iv) New Zealand, USA or UK rank  high in terms of freedom of speech by its citizens.

v) A fundamental right in the Indian constitution is the Freedom of Speech and Expression.

2. Explain Freedom of Speech?

A fundamental right of every citizen of India, Freedom Of Speech allows every citizen the freedom and the right to express all their views, concerns, ideas and issues relating to anything about their country. Freedom of Speech is never actual in nature  and has its limits too. It cannot be used for any kind of illegal purposes.The health of a democracy depends on the extent of freedom of expression of its citizens.

3. What happens when there is no Freedom of Speech?

A country will become a police and military state with no democratic and humanitarian values in it if there is no freedom of speech. Freedom of Speech is a fundamental right for all citizens, and a failure to not being able to express one’s ideas, beliefs, and thoughts will result in a non authoritarian and non democratic country.  Failure to have freedom of speech in a country would mean that the rulers or the governments of those countries have no respect for its citizens.

4. Where can we get study material related to essay writing ?

It is important to practice some of the important questions in order to do well. Vedantu.com offers these important questions along with answers that have been formulated in a well structured, well researched, and easy to understand manner. Various essay writing topics, letter writing samples, comprehension passages are all available at the online portals today. Practicing and studying with the help of these enable the students to measure their level of proficiency, and also allows them to understand the difficult questions with ease. 

You can avail all the well-researched and good quality chapters, sample papers, syllabus on various topics from the website of Vedantu and its mobile application available on the play store. 

5. Why should students choose Vedantu for an essay on the topic 'Freedom of Speech’?

Essay writing is important for students   as it helps them increase their brain and vocabulary power. Today it is important to be able to practice some important topics, samples and questions to be able to score well in the exams. Vedantu.com offers these important questions along with answers that have been formulated in a well structured, well researched, and easy to understand manner. The NCERT and other study material along with their explanations are very easily accessible from Vedantu.com and can be downloaded too. Practicing with the help of these questions along with the solutions enables the students to measure their level of proficiency, and also allows them to understand the difficult questions with ease. 

6. What is Freedom of Speech?

Freedom of speech is the ability to express our opinions without any fear.

7. Which country allows the highest level of Freedom of Speech to its citizens?

The USA is at the highest with a score of 5.73.

8. Is Freedom of Speech absolute?

No, freedom of speech cannot be absolute. It has limitations.

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Student Opinion

Why Is Freedom of Speech an Important Right? When, if Ever, Can It Be Limited?

By Michael Gonchar

• Sept. 12, 2018

This extended Student Opinion question and a related lesson plan were created in partnership with the National Constitution Center in advance of Constitution Day on Sept. 17. For information about a cross-classroom “Constitutional Exchange,” see The Lauder Project .

One of the founding principles of the United States that Americans cherish is the right to freedom of speech. Enshrined in the First Amendment to the Constitution, freedom of speech grants all Americans the liberty to criticize the government and speak their minds without fear of being censored or persecuted.

Even though the concept of freedom of speech on its face seems quite simple, in reality there are complex lines that can be drawn around what kinds of speech are protected and in what setting.

The Supreme Court declared in the case Schenck v. United States in 1919 that individuals are not entitled to speech that presents a “clear and present danger” to society. For example, a person cannot falsely yell “fire” in a crowded theater because that speech doesn’t contribute to the range of ideas being discussed in society, yet the risk of someone getting injured is high. On the other hand, in Brandenburg v. Ohio in 1969, the court declared that even inflammatory speech, such as racist language by a leader of the Ku Klux Klan, should generally be protected unless it is likely to cause imminent violence.

While the text and principle of the First Amendment have stayed the same, the court’s interpretation has indeed changed over time . Judges, lawmakers and scholars continue to struggle with balancing strong speech protections with the necessity of maintaining a peaceful society.

What do you think? Why is the freedom of speech an important right? Why might it be important to protect even unpopular or hurtful speech? And yet, when might the government draw reasonable limits on speech, and why?

Before answering this question, read the full text of the amendment. What does it say about speech?

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.

Next, read these excerpts from three recent articles about free speech cases that might affect your life:

In a September 2017 article, “ High Schools Threaten to Punish Students Who Kneel During Anthem ,” Christine Hauser writes:

The controversy over kneeling in protest of racial injustice moved beyond the world of professional sports this week, when a number of schools told students they were expected to stand during the national anthem. On Long Island, the Diocese of Rockville Centre, which runs a private Catholic school system, said students at its three high schools could face “serious disciplinary action” if they knelt during the anthem before sporting events.

In a June 2018 article, “ Colleges Grapple With Where — or Whether — to Draw the Line on Free Speech ,” Alina Tugend writes:

It has happened across the country, at small private colleges and large public universities: an invited guest is heckled or shouted down or disinvited because of opposing political views. And the incident is followed by a competing chorus of accusations about the rights of free speech versus the need to feel safe and welcome. It’s something those in higher education have grappled with for decades. But after the 2016 presidential election and the increasing polarization of the country, the issue has taken on a new resonance.

In another June 2018 article, “ Supreme Court Strikes Down Law Barring Political Apparel at Polling Places ,” Adam Liptak writes:

The Supreme Court on Thursday struck down a Minnesota law that prohibits voters from wearing T-shirts, hats and buttons expressing political views at polling places. In a cautious 7-to-2 decision, the court acknowledged the value of decorum and solemn deliberation as voters prepare to cast their ballots. But Chief Justice John G. Roberts Jr. wrote that Minnesota’s law was not “capable of reasoned application.”

Students, read at least one of the above articles in its entirety, then tell us:

— Why is the freedom of speech an important right? Why do you think it’s worth protecting?

— What is the value in protecting unpopular speech?

— The Supreme Court has determined that certain types of speech, such as fighting words, violent threats and misleading advertising, are of only “low” First Amendment value because they don’t contribute to a public discussion of ideas, and are therefore not protected. Even though the text of the First Amendment does not make any distinction between “low” and “high” value speech, do you think the court is correct in ruling that some categories of speech are not worth protecting? What types of speech would you consider to be “low” value? What types of speech are “high” value, in your opinion?

— What do you think about the free speech issues raised in the three articles above? For example:

• Should students be allowed to kneel during the national anthem? Why? • Should colleges be allowed to forbid controversial or “offensive” guests from speaking on campus? Why? • Should individuals be able to wear overtly political T-shirts or hats to the polling booth? Why?

— When might the government draw reasonable limits to the freedom of speech, and why?

— We now want to ask you an important constitutional question: When does the First Amendment allow the government to limit speech? We want to hear what you think. But to clarify, we’re not asking for your opinion about policy. In other words, we’re not asking whether a certain type of speech, like flag burning or hate speech, should be protected or prohibited. Instead, we’re asking you to interpret the Constitution: Does the First Amendment protect that speech?

Do your best to base your interpretation on the text of the amendment itself and your knowledge of how it can be understood. You may want to consult this essay in the National Constitution Center’s Interactive Constitution to learn more about how scholars and judges have interpreted the First Amendment, but rest assured, you don’t have to be a Supreme Court justice to have an opinion on this matter, and even the justices themselves often disagree.

— When you interpret the First Amendment, what do you think it has to say about the free speech issues raised in the three articles. For example:

• Does the First Amendment protect the right of students at government-run schools (public schools) to protest? What about students who attend private schools? • Does the First Amendment allow private colleges to prohibit certain controversial speakers? What about government-run colleges (public colleges)? • Finally, does the First Amendment protect voters’ right to wear whatever they want to the polling booth?

Are any of your answers different from your answers above, when you answered the three “should” questions?

— When scholars, judges and lawmakers try to balance strong speech protections with the goal of maintaining a peaceful society, what ideas or principles do you think are most important for them to keep in mind? Explain.

Students 13 and older are invited to comment. All comments are moderated by the Learning Network staff, but please keep in mind that once your comment is accepted, it will be made public.

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Freedom of Speech

[ Editor’s Note: The following new entry by Jeffrey W. Howard replaces the former entry on this topic by the previous author. ]

Human beings have significant interests in communicating what they think to others, and in listening to what others have to say. These interests make it difficult to justify coercive restrictions on people’s communications, plausibly grounding a moral right to speak (and listen) to others that is properly protected by law. That there ought to be such legal protections for speech is uncontroversial among political and legal philosophers. But disagreement arises when we turn to the details. What are the interests or values that justify this presumption against restricting speech? And what, if anything, counts as an adequate justification for overcoming the presumption? This entry is chiefly concerned with exploring the philosophical literature on these questions.

The entry begins by distinguishing different ideas to which the term “freedom of speech” can refer. It then reviews the variety of concerns taken to justify freedom of speech. Next, the entry considers the proper limits of freedom of speech, cataloging different views on when and why restrictions on communication can be morally justified, and what considerations are relevant when evaluating restrictions. Finally, it considers the role of speech intermediaries in a philosophical analysis of freedom of speech, with special attention to internet platforms.

1. What is Freedom of Speech?

2.1 listener theories, 2.2 speaker theories, 2.3 democracy theories, 2.4 thinker theories, 2.5 toleration theories, 2.6 instrumental theories: political abuse and slippery slopes, 2.7 free speech skepticism, 3.1 absoluteness, coverage, and protection, 3.2 the limits of free speech: external constraints, 3.3 the limits of free speech: internal constraints, 3.4 proportionality: chilling effects and political abuse, 3.5 necessity: the counter-speech alternative, 4. the future of free speech theory: platform ethics, other internet resources, related entries.

In the philosophical literature, the terms “freedom of speech”, “free speech”, “freedom of expression”, and “freedom of communication” are mostly used equivalently. This entry will follow that convention, notwithstanding the fact that these formulations evoke subtly different phenomena. For example, it is widely understood that artistic expressions, such as dancing and painting, fall within the ambit of this freedom, even though they don’t straightforwardly seem to qualify as speech , which intuitively connotes some kind of linguistic utterance (see Tushnet, Chen, & Blocher 2017 for discussion). Still, they plainly qualify as communicative activity, conveying some kind of message, however vague or open to interpretation it may be.

Yet the extension of “free speech” is not fruitfully specified through conceptual analysis alone. The quest to distinguish speech from conduct, for the purpose of excluding the latter from protection, is notoriously thorny (Fish 1994: 106), despite some notable attempts (such as Greenawalt 1989: 58ff). As John Hart Ely writes concerning Vietnam War protesters who incinerated their draft cards, such activity is “100% action and 100% expression” (1975: 1495). It is only once we understand why we should care about free speech in the first place—the values it instantiates or serves—that we can evaluate whether a law banning the burning of draft cards (or whatever else) violates free speech. It is the task of a normative conception of free speech to offer an account of the values at stake, which in turn can illuminate the kinds of activities wherein those values are realized, and the kinds of restrictions that manifest hostility to those values. For example, if free speech is justified by the value of respecting citizens’ prerogative to hear many points of view and to make up their own minds, then banning the burning of draft cards to limit the views to which citizens will be exposed is manifestly incompatible with that purpose. If, in contrast, such activity is banned as part of a generally applied ordinance restricting fires in public, it would likely raise no free-speech concerns. (For a recent analysis of this issue, see Kramer 2021: 25ff).

Accordingly, the next section discusses different conceptions of free speech that arise in the philosophical literature, each oriented to some underlying moral or political value. Before turning to the discussion of those conceptions, some further preliminary distinctions will be useful.

First, we can distinguish between the morality of free speech and the law of free speech. In political philosophy, one standard approach is to theorize free speech as a requirement of morality, tracing the implications of such a theory for law and policy. Note that while this is the order of justification, it need not be the order of investigation; it is perfectly sensible to begin by studying an existing legal protection for speech (such as the First Amendment in the U.S.) and then asking what could justify such a protection (or something like it).

But of course morality and law can diverge. The most obvious way they can diverge is when the law is unjust. Existing legal protections for speech, embodied in the positive law of particular jurisdictions, may be misguided in various ways. In other words, a justified legal right to free speech, and the actual legal right to free speech in the positive law of a particular jurisdiction, can come apart. In some cases, positive legal rights might protect too little speech. For example, some jurisdictions’ speech laws make exceptions for blasphemy, such that criminalizing blasphemy does not breach the legal right to free speech within that legal system. But clearly one could argue that a justified legal right to free speech would not include any such exception. In other cases, positive legal rights might perhaps protect too much speech. Consider the fact that, as a matter of U.S. constitutional precedent, the First Amendment broadly protects speech that expresses or incites racial or religious hatred. Plainly we could agree that this is so as a matter of positive law while disagreeing about whether it ought to be so. (This is most straightforwardly true if we are legal positivists. These distinctions are muddied by moralistic theories of constitutional interpretation, which enjoin us to interpret positive legal rights in a constitutional text partly through the prism of our favorite normative political theory; see Dworkin 1996.)

Second, we can distinguish rights-based theories of free speech from non-rights-based theories. For many liberals, the legal right to free speech is justified by appealing to an underlying moral right to free speech, understood as a natural right held by all persons. (Some use the term human right equivalently—e.g., Alexander 2005—though the appropriate usage of that term is contested.) The operative notion of a moral right here is that of a claim-right (to invoke the influential analysis of Hohfeld 1917); it thereby correlates to moral duties held by others (paradigmatically, the state) to respect or protect the right. Such a right is natural in that it exerts normative force independently of whether anyone thinks it does, and regardless of whether it is codified into the law. A tyrannical state that imprisons dissidents acts unjustly, violating moral rights, even if there is no legal right to freedom of expression in its legal system.

For others, the underlying moral justification for free speech law need not come in the form of a natural moral right. For example, consequentialists might favor a legal right to free speech (on, e.g., welfare-maximizing grounds) without thinking that it tracks any underlying natural right. Or consider democratic theorists who have defended legal protections for free speech as central to democracy. Such theorists may think there is an underlying natural moral right to free speech, but they need not (especially if they hold an instrumental justification for democracy). Or consider deontologists who have argued that free speech functions as a kind of side-constraint on legitimate state action, requiring that the state always justify its decisions in a manner that respects citizens’ autonomy (Scanlon 1972). This theory does not cast free speech as a right, but rather as a principle that forbids the creation of laws that restrict speech on certain grounds. In the Hohfeldian analysis (Hohfeld 1917), such a principle may be understood as an immunity rather than a claim-right (Scanlon 2013: 402). Finally, some “minimalists” (to use a designation in Cohen 1993) favor legal protection for speech principally in response to government malice, corruption, and incompetence (see Schauer 1982; Epstein 1992; Leiter 2016). Such theorists need not recognize any fundamental moral right, either.

Third, among those who do ground free speech in a natural moral right, there is scope for disagreement about how tightly the law should mirror that right (as with any right; see Buchanan 2013). It is an open question what the precise legal codification of the moral right to free speech should involve. A justified legal right to freedom of speech may not mirror the precise contours of the natural moral right to freedom of speech. A raft of instrumental concerns enters the downstream analysis of what any justified legal right should look like; hence a defensible legal right to free speech may protect more speech (or indeed less speech) than the underlying moral right that justifies it. For example, even if the moral right to free speech does not protect so-called hate speech, such speech may still merit legal protection in the final analysis (say, because it would be too risky to entrust states with the power to limit those communications).

2. Justifying Free Speech

I will now examine several of the morally significant considerations taken to justify freedom of expression. Note that while many theorists have built whole conceptions of free speech out of a single interest or value alone, pluralism in this domain remains an option. It may well be that a plurality of interests serves to justify freedom of expression, properly understood (see, influentially, Emerson 1970 and Cohen 1993).

Suppose a state bans certain books on the grounds that it does not want us to hear the messages or arguments contained within them. Such censorship seems to involve some kind of insult or disrespect to citizens—treating us like children instead of adults who have a right to make up our own minds. This insight is fundamental in the free speech tradition. On this view, the state wrongs citizens by arrogating to itself the authority to decide what messages they ought to hear. That is so even if the state thinks that the speech will cause harm. As one author puts it,

the government may not suppress speech on the ground that the speech is likely to persuade people to do something that the government considers harmful. (Strauss 1991: 335)

Why are restrictions on persuasive speech objectionable? For some scholars, the relevant wrong here is a form of disrespect for citizens’ basic capacities (Dworkin 1996: 200; Nagel 2002: 44). For others, the wrong here inheres in a violation of the kind of relationship the state should have with its people: namely, that it should always act from a view of them as autonomous, and so entitled to make up their own minds (Scanlon 1972). It would simply be incompatible with a view of ourselves as autonomous—as authors of our own lives and choices—to grant the state the authority to pre-screen which opinions, arguments, and perspectives we should be allowed to think through, allowing us access only to those of which it approves.

This position is especially well-suited to justify some central doctrines of First Amendment jurisprudence. First, it justifies the claim that freedom of expression especially implicates the purposes with which the state acts. There are all sorts of legitimate reasons why the state might restrict speech (so-called “time, place, and manner” restrictions)—for example, noise curfews in residential neighborhoods, which do not raise serious free speech concerns. Yet when the state restricts speech with the purpose of manipulating the communicative environment and controlling the views to which citizens are exposed, free speech is directly affronted (Rubenfeld 2001; Alexander 2005; Kramer 2021). To be sure, purposes are not all that matter for free speech theory. For example, the chilling effects of otherwise justified speech regulations (discussed below) are seldom intended. But they undoubtedly matter.

Second, this view justifies the related doctrines of content neutrality and viewpoint neutrality (see G. Stone 1983 and 1987) . Content neutrality is violated when the state bans discussion of certain topics (“no discussion of abortion”), whereas viewpoint neutrality is violated when the state bans advocacy of certain views (“no pro-choice views may be expressed”). Both affront free speech, though viewpoint-discrimination is especially egregious and so even harder to justify. While listener autonomy theories are not the only theories that can ground these commitments, they are in a strong position to account for their plausibility. Note that while these doctrines are central to the American approach to free speech, they are less central to other states’ jurisprudence (see A. Stone 2017).

Third, this approach helps us see that free speech is potentially implicated whenever the state seeks to control our thoughts and the processes through which we form beliefs. Consider an attempt to ban Marx’s Capital . As Marx is deceased, he is probably not wronged through such censorship. But even if one held idiosyncratic views about posthumous rights, such that Marx were wronged, it would be curious to think this was the central objection to such censorship. Those with the gravest complaint would be the living adults who have the prerogative to read the book and make up their own minds about it. Indeed free speech may even be implicated if the state banned watching sunsets or playing video games on the grounds that is disapproved of the thoughts to which such experiences might give rise (Alexander 2005: 8–9; Kramer 2021: 22).

These arguments emphasize the noninstrumental imperative of respecting listener autonomy. But there is an instrumental version of the view. Our autonomy interests are not merely respected by free speech; they are promoted by an environment in which we learn what others have to say. Our interests in access to information is served by exposure to a wide range of viewpoints about both empirical and normative issues (Cohen 1993: 229), which help us reflect on what goals to choose and how best to pursue them. These informational interests are monumental. As Raz suggests, if we had to choose whether to express our own views on some question, or listen to the rest of humanity’s views on that question, we would choose the latter; it is our interest as listeners in the public good of a vibrant public discourse that, he thinks, centrally justifies free speech (1991).

Such an interest in acquiring justified beliefs, or in accessing truth, can be defended as part of a fully consequentialist political philosophy. J.S. Mill famously defends free speech instrumentally, appealing to its epistemic benefits in On Liberty . Mill believes that, given our fallibility, we should routinely keep an open mind as to whether a seemingly false view may actually be true, or at least contain some valuable grain of truth. And even where a proposition is manifestly false, there is value in allowing its expression so that we can better apprehend why we take it to be false (1859: chapter 2), enabled through discursive conflict (cf. Simpson 2021). Mill’s argument focuses especially on the benefits to audiences:

It is is not on the impassioned partisan, it is on the calmer and more disinterested bystander, that this collision of opinions works its salutary effect. (1859: chapter 2, p. 94)

These views are sometimes associated with the idea of a “marketplace of ideas”, whereby the open clash of views inevitably leads to the correct ones winning out in debate. Few in the contemporary literature holds such a strong teleological thesis about the consequences of unrestricted debate (e.g., see Brietzke 1997; cf. Volokh 2011). Much evidence from behavioral economics and social psychology, as well as insights about epistemic injustice from feminist epistemology, strongly suggest that human beings’ rational powers are seriously limited. Smug confidence in the marketplace of ideas belies this. Yet it is doubtful that Mill held such a strong teleological thesis (Gordon 1997). Mill’s point was not that unrestricted discussion necessarily leads people to acquire the truth. Rather, it is simply the best mechanism available for ascertaining the truth, relative to alternatives in which some arbiter declares what he sees as true and suppresses what he sees as false (see also Leiter 2016).

Note that Mill’s views on free speech in chapter 2 in On Liberty are not simply the application of the general liberty principle defended in chapter 1 of that work; his view is not that speech is anodyne and therefore seldom runs afoul of the harm principle. The reason a separate argument is necessary in chapter 2 is precisely that he is carving out a partial qualification of the harm principle for speech (on this issue see Jacobson 2000, Schauer 2011b, and Turner 2014). On Mill’s view, plenty of harmful speech should still be allowed. Imminently dangerous speech, where there is no time for discussion before harm eventuates, may be restricted; but where there is time for discussion, it must be allowed. Hence Mill’s famous example that vociferous criticism of corn dealers as

starvers of the poor…ought to be unmolested when simply circulated through the press, but may justly incur punishment when delivered orally to an excited mob assembled before the house of a corn dealer. (1859: chapter 3, p. 100)

The point is not that such speech is harmless; it’s that the instrumental benefits of permitting its expressions—and exposing its falsehood through public argument—justify the (remaining) costs.

Many authors have unsurprisingly argued that free speech is justified by our interests as speakers . This family of arguments emphasizes the role of speech in the development and exercise of our personal autonomy—our capacity to be the reflective authors of our own lives (Baker 1989; Redish 1982; Rawls 2005). Here an emphasis on freedom of expression is apt; we have an “expressive interest” (Cohen 1993: 224) in declaring our views—about the good life, about justice, about our identity, and about other aspects of the truth as we see it.

Our interests in self-expression may not always depend on the availability of a willing audience; we may have interests simply in shouting from the rooftops to declare who we are and what we believe, regardless of who else hears us. Hence communications to oneself—for example, in a diary or journal—are plausibly protected from interference (Redish 1992: 30–1; Shiffrin 2014: 83, 93; Kramer 2021: 23).

Yet we also have distinctive interests in sharing what we think with others. Part of how we develop our conceptions of the good life, forming judgments about how to live, is precisely through talking through the matter with others. This “deliberative interest” in directly served through opportunities to tell others what we think, so that we can learn from their feedback (Cohen 1993). Such encounters also offer opportunities to persuade others to adopt our views, and indeed to learn through such discussions who else already shares our views (Raz 1991).

Speech also seems like a central way in which we develop our capacities. This, too, is central to J.S. Mill’s defense of free speech, enabling people to explore different perspectives and points of view (1859). Hence it seems that when children engage in speech, to figure out what they think and to use their imagination to try out different ways of being in the world, they are directly engaging this interest. That explains the intuition that children, and not just adults, merit at least some protection under a principle of freedom of speech.

Note that while it is common to refer to speaker autonomy , we could simply refer to speakers’ capacities. Some political liberals hold that an emphasis on autonomy is objectionably Kantian or otherwise perfectionist, valorizing autonomy as a comprehensive moral ideal in a manner that is inappropriate for a liberal state (Cohen 1993: 229; Quong 2011). For such theorists, an undue emphasis on autonomy is incompatible with ideals of liberal neutrality toward different comprehensive conceptions of the good life (though cf. Shiffrin 2014: 81).

If free speech is justified by the importance of our interests in expressing ourselves, this justifies negative duties to refrain from interfering with speakers without adequate justification. Just as with listener theories, a strong presumption against content-based restrictions, and especially against viewpoint discrimination, is a clear requirement of the view. For the state to restrict citizens’ speech on the grounds that it disfavors what they have to say would affront the equal freedom of citizens. Imagine the state were to disallow the expression of Muslim or Jewish views, but allow the expression of Christian views. This would plainly transgress the right to freedom of expression, by valuing certain speakers’ interests in expressing themselves over others.

Many arguments for the right to free speech center on its special significance for democracy (Cohen 1993; Heinze 2016: Heyman 2009; Sunstein 1993; Weinstein 2011; Post 1991, 2009, 2011). It is possible to defend free speech on the noninstrumental ground that it is necessary to respect agents as democratic citizens. To restrict citizens’ speech is to disrespect their status as free and equal moral agents, who have a moral right to debate and decide the law for themselves (Rawls 2005).

Alternatively (or additionally), one can defend free speech on the instrumental ground that free speech promotes democracy, or whatever values democracy is meant to serve. So, for example, suppose the purpose of democracy is the republican one of establishing a state of non-domination between relationally egalitarian citizens; free speech can be defended as promoting that relation (Whitten 2022; Bonotti & Seglow 2022). Or suppose that democracy is valuable because of its role in promoting just outcomes (Arneson 2009) or tending to track those outcomes in a manner than is publicly justifiable (Estlund 2008) or is otherwise epistemically valuable (Landemore 2013).

Perhaps free speech doesn’t merely respect or promote democracy; another framing is that it is constitutive of it (Meiklejohn 1948, 1960; Heinze 2016). As Rawls says: “to restrict or suppress free political speech…always implies at least a partial suspension of democracy” (2005: 254). On this view, to be committed to democracy just is , in part, to be committed to free speech. Deliberative democrats famously contend that voting merely punctuates a larger process defined by a commitment to open deliberation among free and equal citizens (Gutmann & Thompson 2008). Such an unrestricted discussion is marked not by considerations of instrumental rationality and market forces, but rather, as Habermas puts it, “the unforced force of the better argument” (1992 [1996: 37]). One crucial way in which free speech might be constitutive of democracy is if it serves as a legitimation condition . On this view, without a process of open public discourse, the outcomes of the democratic decision-making process lack legitimacy (Dworkin 2009, Brettschneider 2012: 75–78, Cohen 1997, and Heinze 2016).

Those who justify free speech on democratic grounds may view this as a special application of a more general insight. For example, Scanlon’s listener theory (discussed above) contends that the state must always respect its citizens as capable of making up their own minds (1972)—a position with clear democratic implications. Likewise, Baker is adamant that both free speech and democracy are justified by the same underlying value of autonomy (2009). And while Rawls sees the democratic role of free speech as worthy of emphasis, he is clear that free speech is one of several basic liberties that enable the development and exercise of our moral powers: our capacities for a sense of justice and for the rational pursuit a lifeplan (2005). In this way, many theorists see the continuity between free speech and our broader interests as moral agents as a virtue, not a drawback (e.g., Kendrick 2017).

Even so, some democracy theorists hold that democracy has a special role in a theory of free speech, such that political speech in particular merits special protection (for an overview, see Barendt 2005: 154ff). One consequence of such views is that contributions to public discourse on political questions merit greater protection under the law (Sunstein 1993; cf. Cohen 1993: 227; Alexander 2005: 137–8). For some scholars, this may reflect instrumental anxieties about the special danger that the state will restrict the political speech of opponents and dissenters. But for others, an emphasis on political speech seems to reflect a normative claim that such speech is genuinely of greater significance, meriting greater protection, than other kinds of speech.

While conventional in the free speech literature, it is artificial to separate out our interests as speakers, listeners, and democratic citizens. Communication, and the thinking that feeds into it and that it enables, invariably engages our interests and activities across all these capacities. This insight is central to Seana Shiffrin’s groundbreaking thinker-based theory of freedom of speech, which seeks to unify the range of considerations that have informed the traditional theories (2014). Like other theories (e.g., Scanlon 1978, Cohen 1993), Shiffrin’s theory is pluralist in the range of interests it appeals to. But it offers a unifying framework that explains why this range of interests merits protection together.

On Shiffrin’s view, freedom of speech is best understood as encompassing both freedom of communication and freedom of thought, which while logically distinct are mutually reinforcing and interdependent (Shiffrin 2014: 79). Shiffrin’s account involves several profound claims about the relation between communication and thought. A central contention is that “free speech is essential to the development, functioning, and operation of thinkers” (2014: 91). This is, in part, because we must often externalize our ideas to articulate them precisely and hold them at a distance where we can evaluate them (p. 89). It is also because we work out what we think largely by talking it through with others. Such communicative processes may be monological, but they are typically dialogical; speaker and listener interests are thereby mutually engaged in an ongoing manner that cannot be neatly disentangled, as ideas are ping-ponged back and forth. Moreover, such discussions may concern democratic politics—engaging our interests as democratic citizens—but of course they need not. Aesthetics, music, local sports, the existence of God—these all are encompassed (2014: 92–93). Pace prevailing democratic theories,

One’s thoughts about political affairs are intrinsically and ex ante no more and no less central to the human self than thoughts about one’s mortality or one’s friends. (Shiffrin 2014: 93)

The other central aspect of Shiffrin’s view appeals to the necessity of communication for successfully exercising our moral agency. Sincere communication enables us

to share needs, emotions, intentions, convictions, ambitions, desires, fantasies, disappointments, and judgments. Thereby, we are enabled to form and execute complex cooperative plans, to understand one another, to appreciate and negotiate around our differences. (2014: 1)

Without clear and precise communication of the sort that only speech can provide, we cannot cooperate to discharge our collective obligations. Nor can we exercise our normative powers (such as consenting, waiving, or promising). Our moral agency thus depends upon protected channels through which we can relay our sincere thoughts to one another. The central role of free speech is to protect those channels, by ensuring agents are free to share what they are thinking without fear of sanction.

The thinker-based view has wide-ranging normative implications. For example, by emphasizing the continuity of speech and thought (a connection also noted in Macklem 2006 and Gilmore 2011), Shiffrin’s view powerfully explains the First Amendment doctrine that compelled speech also constitutes a violation of freedom of expression. Traditional listener- and speaker-focused theories seemingly cannot explain what is fundamentally objectionable with forcing someone to declare a commitment to something, as with children compelled to pledge allegiance to the American flag ( West Virginia State Board of Education v. Barnette 1943). “What seems most troubling about the compelled pledge”, Shiffrin writes,

is that the motive behind the regulation, and its possible effect, is to interfere with the autonomous thought processes of the compelled speaker. (2014: 94)

Further, Shiffrin’s view explains why a concern for free speech does not merely correlate to negative duties not to interfere with expression; it also supports positive responsibilities on the part of the state to educate citizens, encouraging and supporting their development and exercise as thinking beings (2014: 107).

Consider briefly one final family of free speech theories, which appeal to the role of toleration or self-restraint. On one argument, freedom of speech is important because it develops our character as liberal citizens, helping us tame our illiberal impulses. The underlying idea of Lee Bollinger’s view is that liberalism is difficult; we recurrently face temptation to punish those who hold contrary views. Freedom of speech helps us to practice the general ethos of toleration in a manner than fortifies our liberal convictions (1986). Deeply offensive speech, like pro-Nazi speech, is protected precisely because toleration in these enormously difficult cases promotes “a general social ethic” of toleration more generally (1986: 248), thereby restraining unjust exercises of state power overall. This consequentialist argument treats the protection of offensive speech not as a tricky borderline case, but as “integral to the central functions of the principle of free speech” (1986: 133). It is precisely because tolerating evil speech involves “extraordinary self-restraint” (1986: 10) that it works its salutary effects on society generally.

The idea of self-restraint arises, too, in Matthew Kramer’s recent defense of free speech. Like listener theories, Kramer’s strongly deontological theory condemns censorship aimed at protecting audiences from exposure to misguided views. At the core of his theory is the thesis that the state’s paramount moral responsibility is to furnish the social conditions that serve the development and maintenance of citizens’ self-respect and respect for others. The achievement of such an ethically resilient citizenry, on Kramer’s view, has the effect of neutering the harmfulness of countless harmful communications. “Securely in a position of ethical strength”, the state “can treat the wares of pornographers and the maunderings of bigots as execrable chirps that are to be endured with contempt” (Kramer 2021: 147). In contrast, in a society where the state has failed to do its duty of inculcating a robust liberal-egalitarian ethos, the communication of illiberal creeds may well pose a substantial threat. Yet for the state then to react by banning such speech is

overweening because with them the system’s officials take control of communications that should have been defused (through the system’s fulfillment of its moral obligations) without prohibitory or preventative impositions. (2021: 147)

(One might agree with Kramer that this is so, but diverge by arguing that the state—having failed in its initial duty—ought to take measures to prevent the harms that flow from that failure.)

These theories are striking in that they assume that a chief task of free speech theory is to explain why harmful speech ought to be protected. This is in contrast to those who think that the chief task of free speech theory is to explain our interests in communicating with others, treating the further issue of whether (wrongfully) harmful communications should be protected as an open question, with different reasonable answers available (Kendrick 2017). In this way, toleration theories—alongside a lot of philosophical work on free speech—seem designed to vindicate the demanding American legal position on free speech, one unshared by virtually all other liberal democracies.

One final family of arguments for free speech appeals to the danger of granting the state powers it may abuse. On this view, we protect free speech chiefly because if we didn’t, it would be far easier for the state to silence its political opponents and enact unjust policies. On this view, a state with censorial powers is likely to abuse them. As Richard Epstein notes, focusing on the American case,

the entire structure of federalism, divided government, and the system of checks and balances at the federal level shows that the theme of distrust has worked itself into the warp and woof of our constitutional structure.

“The protection of speech”, he writes, “…should be read in light of these political concerns” (Epstein 1992: 49).

This view is not merely a restatement of the democracy theory; it does not affirm free speech as an element of valuable self-governance. Nor does it reduce to the uncontroversial thought that citizens need freedom of speech to check the behavior of fallible government agents (Blasi 1977). One need not imagine human beings to be particularly sinister to insist (as democracy theorists do) that the decisions of those entrusted with great power be subject to public discussion and scrutiny. The argument under consideration here is more pessimistic about human nature. It is an argument about the slippery slope that we create even when enacting (otherwise justified) speech restrictions; we set an unacceptable precedent for future conduct by the state (see Schauer 1985). While this argument is theoretical, there is clearly historical evidence for it, as in the manifold cases in which bans on dangerous sedition were used to suppress legitimate war protest. (For a sweeping canonical study of the uses and abuses of speech regulations during wartime, with a focus on U.S. history, see G. Stone 2004.)

These instrumental concerns could potentially justify the legal protection for free speech. But they do not to attempt to justify why we should care about free speech as a positive moral ideal (Shiffrin 2014: 83n); they are, in Cohen’s helpful terminology, “minimalist” rather than “maximalist” (Cohen 1993: 210). Accordingly, they cannot explain why free speech is something that even the most trustworthy, morally competent administrations, with little risk of corruption or degeneration, ought to respect. Of course, minimalists will deny that accounting for speech’s positive value is a requirement of a theory of free speech, and that critiquing them for this omission begs the question.

Pluralists may see instrumental concerns as valuably supplementing or qualifying noninstrumental views. For example, instrumental concerns may play a role in justifying deviations between the moral right to free communication, on the one hand, and a properly specified legal right to free communication, on the other. Suppose that there is no moral right to engage in certain forms of harmful expression (such as hate speech), and that there is in fact a moral duty to refrain from such expression. Even so, it does not follow automatically that such a right ought to be legally enforced. Concerns about the dangers of granting the state such power plausibly militate against the enforcement of at least some of our communicative duties—at least in those jurisdictions that lack robust and competently administered liberal-democratic safeguards.

This entry has canvassed a range of views about what justifies freedom of expression, with particular attention to theories that conceive free speech as a natural moral right. Clearly, the proponents of such views believe that they succeed in this justificatory effort. But others dissent, doubting that the case for a bona fide moral right to free speech comes through. Let us briefly note the nature of this challenge from free speech skeptics , exploring a prominent line of reply.

The challenge from skeptics is generally understood as that of showing that free speech is a special right . As Leslie Kendrick notes,

the term “special right” generally requires that a special right be entirely distinct from other rights and activities and that it receive a very high degree of protection. (2017: 90)

(Note that this usage is not to be confused from the alternative usage of “special right”, referring to conditional rights arising out of particular relationships; see Hart 1955.)

Take each aspect in turn. First, to vindicate free speech as a special right, it must serve some distinctive value or interest (Schauer 2015). Suppose free speech were just an implication of a general principle not to interfere in people’s liberty without justification. As Joel Feinberg puts it, “Liberty should be the norm; coercion always needs some special justification” (1984: 9). In such a case, then while there still might be contingent, historical reasons to single speech out in law as worthy of protection (Alexander 2005: 186), such reasons would not track anything especially distinctive about speech as an underlying moral matter. Second, to count as a special right, free speech must be robust in what it protects, such that only a compelling justification can override it (Dworkin 2013: 131). This captures the conviction, prominent among American constitutional theorists, that “any robust free speech principle must protect at least some harmful speech despite the harm it may cause” (Schauer 2011b: 81; see also Schauer 1982).

If the task of justifying a moral right to free speech requires surmounting both hurdles, it is a tall order. Skeptics about a special right to free speech doubt that the order can be met, and so deny that a natural moral right to freedom of expression can be justified (Schauer 2015; Alexander & Horton 1983; Alexander 2005; Husak 1985). But these theorists may be demanding too much (Kendrick 2017). Start with the claim that free speech must be distinctive. We can accept that free speech be more than simply one implication of a general presumption of liberty. But need it be wholly distinctive? Consider the thesis that free speech is justified by our autonomy interests—interests that justify other rights such as freedom of religion and association. Is it a problem if free speech is justified by interests that are continuous with, or overlap with, interests that justify other rights? Pace the free speech skeptics, maybe not. So long as such claims deserve special recognition, and are worth distinguishing by name, this may be enough (Kendrick 2017: 101). Many of the views canvassed above share normative bases with other important rights. For example, Rawls is clear that he thinks all the basic liberties constitute

essential social conditions for the adequate development and full exercise of the two powers of moral personality over a complete life. (Rawls 2005: 293)

The debate, then, is whether such a shared basis is a theoretical virtue (or at least theoretically unproblematic) or whether it is a theoretical vice, as the skeptics avow.

As for the claim that free speech must be robust, protecting harmful speech, “it is not necessary for a free speech right to protect harmful speech in order for it to be called a free speech right” (Kendrick 2017: 102). We do not tend to think that religious liberty must protect harmful religious activities for it to count as a special right. So it would be strange to insist that the right to free speech must meet this burden to count as a special right. Most of the theorists mentioned above take themselves to be offering views that protect quite a lot of harmful speech. Yet we can question whether this feature is a necessary component of their views, or whether we could imagine variations without this result.

3. Justifying Speech Restrictions

When, and why, can restrictions on speech be justified? It is common in public debate on free speech to hear the provocative claim that free speech is absolute . But the plausibility of such a claim depends on what is exactly meant by it. If understood to mean that no communications between humans can ever be restricted, such a view is held by no one in the philosophical debate. When I threaten to kill you unless you hand me your money; when I offer to bribe the security guard to let me access the bank vault; when I disclose insider information that the company in which you’re heavily invested is about to go bust; when I defame you by falsely posting online that you’re a child abuser; when I endanger you by labeling a drug as safe despite its potentially fatal side-effects; when I reveal your whereabouts to assist a murderer intent on killing you—across all these cases, communications may be uncontroversially restricted. But there are different views as to why.

To help organize such views, consider a set of distinctions influentially defended by Schauer (from 1982 onward). The first category involves uncovered speech : speech that does not even presumptively fall within the scope of a principle of free expression. Many of the speech-acts just canvassed, such as the speech involved in making a threat or insider training, plausibly count as uncovered speech. As the U.S. Supreme Court has said of fighting words (e.g., insults calculated to provoke a street fight),

such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality. ( Chaplinsky v. New Hampshire 1942)

The general idea here is that some speech simply has negligible—and often no —value as free speech, in light of its utter disconnection from the values that justify free speech in the first place. (For discussion of so-called “low-value speech” in the U.S. context, see Sunstein 1989 and Lakier 2015.) Accordingly, when such low-value speech is harmful, it is particularly easy to justify its curtailment. Hence the Court’s view that “the prevention and punishment of [this speech] have never been thought to raise any Constitutional problem”. For legislation restricting such speech, the U.S. Supreme Court applies a “rational basis” test, which is very easy to meet, as it simply asks whether the law is rationally related to a legitimate state interest. (Note that it is widely held that it would still be impermissible to selectively ban low-value speech on a viewpoint-discriminatory basis—e.g., if a state only banned fighting words from left-wing activists while allowing them from right-wing activists.)

Schauer’s next category concerns speech that is covered but unprotected . This is speech that engages the values that underpin free speech; yet the countervailing harm of the speech justifies its restriction. In such cases, while there is real value in such expression as free speech, that value is outweighed by competing normative concerns (or even, as we will see below, on behalf of the very values that underpin free speech). In U.S. constitutional jurisprudence, this category encompasses those extremely rare cases in which restrictions on political speech pass the “strict scrutiny” test, whereby narrow restrictions on high-value speech can be justified due to the compelling state interests thereby served. Consider Holder v. Humanitarian Law Project 2010, in which the Court held that an NGO’s legal advice to a terrorist organization on how to pursue peaceful legal channels were legitimately criminalized under a counter-terrorism statute. While such speech had value as free speech (at least on one interpretation of this contested ruling), the imperative of counter-terrorism justified its restriction. (Arguably, commercial speech, while sometimes called low-value speech by scholars, falls into the covered but unprotected category. Under U.S. law, legislation restricting it receives “intermediate scrutiny” by courts—requiring restrictions to be narrowly drawn to advance a substantial government interest. Such a test suggests that commercial speech has bona fide free-speech value, making it harder to justify regulations on it than regulations on genuinely low-value speech like fighting words. It simply doesn’t have as much free-speech value as categories like political speech, religious speech, or press speech, all of which trigger the strict scrutiny test when restricted.)

As a philosophical matter, we can reasonably disagree about what speech qualifies as covered but unprotected (and need not treat the verdicts of the U.S. Supreme Court as philosophically decisive). For example, consider politically-inflected hate speech, which advances repugnant ideas about the inferior status of certain groups. One could concur that there is substantial free-speech value in such expression, just because it involves the sincere expression of views about central questions of politics and justice (however misguided the views doubtlessly are). Yet one could nevertheless hold that such speech should not be protected in virtue of the substantial harms to which it can lead. In such cases, the free-speech value is outweighed. Many scholars who defend the permissibility of legal restrictions on hate speech hold such a view (e.g., Parekh 2012; Waldron 2012). (More radically, one could hold that such speech’s value is corrupted by its evil, such that it qualifies as genuinely low-value; Howard 2019a.)

The final category of speech encompasses expression that is covered and protected . To declare that speech is protected just is to conclude that it is immune from restriction. A preponderance of human communications fall into this category. This does not mean that such speech can never be regulated ; content-neutral time, place, and manner regulations (e.g., prohibiting loud nighttime protests) can certainly be justified (G. Stone 1987). But such regulations must not be viewpoint discriminatory; they must apply even-handedly across all forms of protected speech.

Schauer’s taxonomy offers a useful organizing framework for how we should think about different forms of speech. Where does it leave the claim that free speech is absolute? The possibility of speech that is covered but unprotected suggests that free speech should sometimes be restricted on account of rival normative concerns. Of course, one could contend that such a category, while logically possible, is substantively an empty set; such a position would involve some kind of absoluteness about free speech (holding that where free-speech values are engaged by expression, no countervailing values can ever be weighty enough to override them). Such a position would be absolutist in a certain sense while granting the permissibility of restrictions on speech that do not engage the free-speech values. (For a recent critique of Schauer’s framework, arguing that governmental designation of some speech as low-value is incompatible with the very ideal of free speech, see Kramer 2021: 31.)

In what follows, this entry will focus on Schauer’s second category: speech that is covered by a free speech principle, but is nevertheless unprotected because of the harms it causes. How do we determine what speech falls into this category? How, in other words, do we determine the limits of free speech? Unsurprisingly, this is where most of the controversy lies.

Most legal systems that protect free speech recognize that the right has limits. Consider, for example, international human rights law, which emphatically protects the freedom of speech as a fundamental human right while also affirming specific restrictions on certain seriously harmful speech. Article 19 of the International Covenant of Civil and Political Rights declares that “[e]veryone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds”—but then immediately notes that this right “carries with it special duties and responsibilities”. The subsequent ICCPR article proceeds to endorse legal restrictions on “advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”, as well as speech constituting “propaganda for war” (ICCPR). While such restrictions would plainly be struck down as unconstitutional affronts to free speech in the U.S., this more restrictive approach prevails in most liberal democracies’ treatment of harmful speech.

Set aside the legal issue for now. How should we think about how to determine the limits of the moral right free speech? Those seeking to justify limits on speech tend to appeal to one of two strategies (Howard and Simpson forthcoming). The first strategy appeals to the importance of balancing free speech against other moral values when they come into conflict. This strategy involves external limits on free speech. (The next strategy, discussed below, invokes free speech itself, or the values that justify it, as limit-setting rationales; it thus involves internal limits on free speech.)

A balancing approach recognizes a moral conflict between unfettered communication and external values. Consider again the case of hate speech, understood as expression that attacks members of socially vulnerable groups as inferior or dangerous. On all of the theories canvassed above, there are grounds for thinking that restrictions on hate speech are prima facie in violation of the moral right to free speech. Banning hate speech to prevent people from hearing ideas that might incline them to bigotry plainly seems to disrespect listener autonomy. Further, even when speakers are expressing prejudiced views, they are still engaging their autonomous faculties. Certainly, they are expressing views on questions of public political concern, even false ones. And as thinkers they are engaged in the communication of sincere testimony to others. On many of the leading theories, the values underpinning free speech seem to be militate against bans on hate speech.

Even so, other values matter. Consider, for example, the value of upholding the equal dignity of all citizens. A central insight of critical race theory is that public expressions of white supremacy, for example, attack and undermine that equal dignity (Matsuda, Lawrence, Delgado, & Crenshaw 1993). On Jeremy Waldron’s view (2012), hate speech is best understood as a form of group defamation, launching spurious attacks on others’ reputations and thereby undermining their standing as respected equals in their own community (relatedly, see Beauharnais v. Illinois 1952).

Countries that ban hate speech, accordingly, are plausibly understood not as opposed to free speech, but as recognizing the importance that it be balanced when conflicting with other values. Such balancing can be understood in different ways. In European human rights law, for example, the relevant idea is that the right to free speech is balanced against other rights ; the relevant task, accordingly, is to specify what counts as a proportionate balance between these rights (see Alexy 2003; J. Greene 2021).

For others, the very idea of balancing rights undermines their deontic character. This alternative framing holds that the balancing occurs before we specify what rights are; on this view, we balance interests against each other, and only once we’ve undertaken that balancing do we proceed to define what our rights protect. As Scanlon puts it,

The only balancing is balancing of interests. Rights are not balanced, but are defined, or redefined, in the light of the balance of interests and of empirical facts about how these interests can best be protected. (2008: 78)

This balancing need not come in the form of some crude consequentialism; otherwise it would be acceptable to limit the rights of the few to secure trivial benefits for the many. On a contractualist moral theory such as Scanlon’s, the test is to assess the strength of any given individual’s reason to engage in (or access) the speech, against the strength of any given individual’s reason to oppose it.

Note that those who engage in balancing need not give up on the idea of viewpoint neutrality; they can accept that, as a general principle, the state should not restrict speech on the grounds that it disapproves of its message and dislikes that others will hear it. The point, instead, is that this commitment is defeasible; it is possible to be overridden.

One final comment is apt. Those who are keen to balance free speech against other values tend to be motivated by the concern that speech can cause harm, either directly or indirectly (on this distinction, see Schauer 1993). But to justify restrictions on speech, it is not sufficient (and perhaps not even necessary) to show that such speech imposes or risks imposing harm. The crucial point is that the speech is wrongful (or, perhaps, wrongfully harmful or risky) , breaching a moral duty that speakers owe to others. Yet very few in the free speech literature think that the mere offensiveness of speech is sufficient to justify restrictions on it. Even Joel Feinberg, who thinks offensiveness can sometimes be grounds for restricting conduct, makes a sweeping exception for

[e]xpressions of opinion, especially about matters of public policy, but also about matters of empirical fact, and about historical, scientific, theological, philosophical, political, and moral questions. (1985: 44)

And in many cases, offensive speech may be actively salutary, as when racists are offended by defenses of racial equality (Waldron 1987). Accordingly, despite how large it looms in public debate, discussion of offensive speech will not play a major role in the discussion here.

We saw that one way to justify limits on free speech is to balance it against other values. On that approach, free speech is externally constrained. A second approach, in contrast, is internally constrained. On this approach, the very values that justify free speech themselves determine its own limits. This is a revisionist approach to free speech since, unlike orthodox thinking, it contends that a commitment to free speech values can counterintuitively support the restriction of speech—a surprising inversion of traditional thinking on the topic (see Howard and Simpson forthcoming). This move—justifying restrictions on speech by appealing to the values that underpin free speech—is now prevalent in the philosophical literature (for an overview, see Barendt 2005: 1ff).

Consider, for example, the claim that free speech is justified by concerns of listener autonomy. On such a view, as we saw above, autonomous citizens have interests in exposure to a wide range of viewpoints, so that they can decide for themselves what to believe. But many have pointed out that this is not autonomous citizens’ only interest; they also have interests in not getting murdered by those incited by incendiary speakers (Amdur 1980). Likewise, insofar as being targeted by hate speech undermines the exercise of one’s autonomous capacities, appeal to the underlying value of autonomy could well support restrictions on such speech (Brison 1998; see also Brink 2001). What’s more, if our interests as listeners in acquiring accurate information is undermined by fraudulent information, then restrictions on such information could well be compatible with our status as autonomous; this was one of the insights that led Scanlon to complicate his theory of free speech (1978).

Or consider the theory that free speech is justified because of its role in enabling autonomous speakers to express themselves. But as Japa Pallikkathayil has argued, some speech can intimidate its audiences into staying silent (as with some hate speech), out of fear for what will happen if they speak up (Pallikkathayil 2020). In principle, then, restrictions on hate speech may serve to support the value of speaker expression, rather than undermine it (see also Langton 2018; Maitra 2009; Maitra & McGowan 2007; and Matsuda 1989: 2337). Indeed, among the most prominent claims in feminist critiques of pornography is precisely that it silences women—not merely through its (perlocutionary) effects in inspiring rape, but more insidiously through its (illocutionary) effects in altering the force of the word “no” (see MacKinnon 1984; Langton 1993; and West 204 [2022]; McGowan 2003 and 2019; cf. Kramer 2021, pp. 160ff).

Now consider democracy theories. On the one hand, democracy theorists are adamant that citizens should be free to discuss any proposals, even the destruction of democracy itself (e.g., Meiklejohn 1948: 65–66). On the other hand, it isn’t obvious why citizens’ duties as democratic citizens could not set a limit to their democratic speech rights (Howard 2019a). The Nazi propagandist Goebbels is said to have remarked:

This will always remain one of the best jokes of democracy, that it gave its deadly enemies the means by which it was destroyed. (as quoted in Fox & Nolte 1995: 1)

But it is not clear why this is necessarily so. Why should we insist on a conception of democracy that contains a self-destruct mechanism? Merely stipulating that democracy requires this is not enough (see A. Greene and Simpson 2017).

Finally, consider Shiffrin’s thinker-based theory. Shiffrin’s view is especially well-placed to explain why varieties of harmful communications are protected speech; what the theory values is the sincere transmission of veridical testimony, whereby speakers disclose what they genuinely believe to others, even if what they believe is wrongheaded and dangerous. Yet because the sincere testimony of thinkers is what qualifies some communication for protection, Shiffrin is adamant that lying falls outside the protective ambit of freedom of expression (2014) This, then, sets an internal limit on her own theory (even if she herself disfavors all lies’ outright prohibition for reasons of tolerance). The claim that lying falls outside the protective ambit of free speech is itself a recurrent suggestion in the literature (Strauss 1991: 355; Brown 2023). In an era of rampant disinformation, this internal limit is of substantial practical significance.

Suppose the moral right (or principle) of free speech is limited, as most think, such that not all communications fall within its protective ambit (either for external reasons, internal reasons, or both). Even so, it does not follow that laws banning such unprotected speech can be justified all-things-considered. Further moral tests must be passed before any particular policy restricting speech can be justified. This sub-section focuses on the requirement that speech restrictions be proportionate .

The idea that laws implicating fundamental rights must be proportionate is central in many jurisdictions’ constitutional law, as well as in the international law of human rights. As a representative example, consider the specification of proportionality offered by the Supreme Court of Canada:

First, the measures adopted must be carefully designed to achieve the objective in question. They must not be arbitrary, unfair, or based on irrational considerations. In short, they must be rationally connected to the objective. Second, the means, even if rationally connected to the objective in this first sense, should impair “as little as possible” the right or freedom in question[…] Third, there must be a proportionality between the effects of the measures which are responsible for limiting the Charter right or freedom, and the objective which has been identified as of “sufficient importance” ( R v. Oakes 1986).

It is this third element (often called “proportionality stricto sensu ”) on which we will concentrate here; this is the focused sense of proportionality that roughly tracks how the term is used in the philosophical literatures on defensive harm and war, as well as (with some relevant differences) criminal punishment. (The strict scrutiny and intermediate scrutiny tests of U.S. constitutional law are arguably variations of the proportionality test; but set aside this complication for now as it distracts from the core philosophical issues. For relevant legal discussion, see Tsesis 2020.)

Proportionality, in the strict sense, concerns the relation between the costs or harms imposed by some measure and the benefits that the measure is designed to secure. The organizing distinction in recent philosophical literature (albeit largely missing in the literature on free speech) is one between narrow proportionality and wide proportionality . While there are different ways to cut up the terrain between these terms, let us stipulatively define them as follows. An interference is narrowly proportionate just in case the intended target of the interference is liable to bear the costs of that interference. An interference is widely proportionate just in case the collateral costs that the interference unintentionally imposes on others can be justified. (This distinction largely follows the literature in just war theory and the ethics of defensive force; see McMahan 2009.) While the distinction is historically absent from free speech theory, it has powerful payoffs in helping to structure this chaotic debate (as argued in Howard 2019a).

So start with the idea that restrictions on communication must be narrowly proportionate . For a restriction to be narrowly proportionate, those whose communications are restricted must be liable to bear their costs, such that they are not wronged by their imposition. One standard way to be liable to bear certain costs is to have a moral duty to bear them (Tadros 2012). So, for example, if speakers have a moral duty to refrain from libel, hate speech, or some other form of harmful speech, they are liable to bear at least some costs involved in the enforcement of that duty. Those costs cannot be unlimited; a policy of executing hate speakers could not plausibly be justified. Typically, in both defensive and punitive contexts, wrongdoers’ liability is determined by their culpability, the severity of their wrong, or some combination of the two. While it is difficult to say in the abstract what the precise maximal cost ceiling is for any given restriction, as it depends hugely on the details, the point is simply that there is some ceiling above which a speech restriction (like any restriction) imposes unacceptably high costs, even on wrongdoers.

Second, for a speech restriction to be justified, we must also show that it would be widely proportionate . Suppose a speaker is liable to bear the costs of some policy restricting her communication, such that she is not wronged by its imposition. It may be that the collateral costs of such a policy would render it unacceptable. One set of costs is chilling effects , the “overdeterrence of benign conduct that occurs incidentally to a law’s legitimate purpose or scope” (Kendrick 2013: 1649). The core idea is that laws targeting unprotected, legitimately proscribed expression may nevertheless end up having a deleterious impact on protected expression. This is because laws are often vague, overbroad, and in any case are likely to be misapplied by fallible officials (Schauer 1978: 699).

Note that if a speech restriction produces chilling effects, it does not follow that the restriction should not exist at all. Rather, concern about chilling effects instead suggests that speech restrictions should be under-inclusive—restricting less speech than is actually harmful—in order to create “breathing space”, or “a buffer zone of strategic protection” (Schauer 1978: 710) for legitimate expression and so reduce unwanted self-censorship. For example, some have argued that even though speech can cause harm recklessly or negligently, we should insist on specific intent as the mens rea of speech crimes in order to reduce any chilling effects that could follow (Alexander 1995: 21–128; Schauer 1978: 707; cf. Kendrick 2013).

But chilling effects are not the only sort of collateral effects to which speech restrictions could lead. Earlier we noted the risk that states might abuse their censorial powers. This, too, could militate in favor of underinclusive speech restrictions. Or the implication could be more radical. Consider the problem that it is difficult to author restrictions on hate speech in a tightly specified way; the language involved is open-ended in a manner that enables states to exercise considerable judgment in deciding what speech-acts, in fact, count as violations (see Strossen 2018). Given the danger that the state will misuse or abuse these laws to punish legitimate speech, some might think this renders their enactment widely disproportionate. Indeed, even if the law were well-crafted and would be judiciously applied by current officials, the point is that those in the future may not be so trustworthy.

Those inclined to accept such a position might simply draw the conclusion that legislatures ought to refrain from enacting laws against hate speech. A more radical conclusion is that the legal right to free speech ought to be specified so that hate speech is constitutionally protected. In other words, we ought to give speakers a legal right to violate their moral duties, since enforcing those moral duties through law is simply too risky. By appealing to this logic, it is conceivable that the First Amendment position on hate speech could be justified all-things-considered—not because the underlying moral right to free speech protects hate speech, but because hate speech must be protected for instrumental reasons of preventing future abuses of power (Howard 2019a).

Suppose certain restrictions on harmful speech can be justified as proportionate, in both the narrow and wide senses. This is still not sufficient to justify them all-things-considered. Additionally, they must be justified as necessary . (Note that some conceptions of proportionality in human rights law encompass the necessity requirement, but this entry follows the prevailing philosophical convention by treating them as distinct.)

Why might restrictions on harmful speech be unnecessary? One of the standard claims in the free speech literature is that we should respond to harmful speech not by banning it, but by arguing back against it. Counter-speech—not censorship—is the appropriate solution. This line of reasoning is old. As John Milton put it in 1644: “Let [Truth] and Falsehood grapple; who ever knew Truth put to the worse in a free and open encounter?” The insistence on counter-speech as the remedy for harmful speech is similarly found, as noted above, throughout chapter 2 of Mill’s On Liberty .

For many scholars, this line of reply is justified by the fact that they think the harmful speech in question is protected by the moral right to free speech. For such scholars, counter-speech is the right response because censorship is morally off the table. For other scholars, the recourse to counter-speech has a plausible distinct rationale (although it is seldom articulated): its possibility renders legal restrictions unnecessary. And because it is objectionable to use gratuitous coercion, legal restrictions are therefore impermissible (Howard 2019a). Such a view could plausibly justify Mill’s aforementioned analysis in the corn dealer example, whereby censorship is permissible but only when there’s no time for counter-speech—a view that is also endorsed by the U.S. Supreme Court in Brandenburg v. Ohio 395 U.S. 444 (1969).

Whether this argument succeeds depends upon a wide range of further assumptions—about the comparable effectiveness of counter-speech relative to law; about the burdens that counter-speech imposes on prospective counter-speakers. Supposing that the argument succeeds, it invites a range of further normative questions about the ethics of counter-speech. For example, it is important who has the duty to engage in counter-speech, who its intended audience is, and what specific forms the counter-speech ought to take—especially in order to maximize its persuasive effectiveness (Brettschneider 2012; Cepollaro, Lepoutre, & Simpson 2023; Howard 2021b; Lepoutre 2021; Badano & Nuti 2017). It is also important to ask questions about the moral limits of counter-speech. For example, insofar as publicly shaming wrongful speakers has become a prominent form of counter-speech, it is crucial to interrogate its permissibility (e.g., Billingham and Parr 2020).

This final section canvasses the young philosophical debate concerning freedom of speech on the internet. With some important exceptions (e.g., Barendt 2005: 451ff), this issue has only recently accelerated (for an excellent edited collection, see Brison & Gelber 2019). There are many normative questions to be asked about the moral rights and obligations of internet platforms. Here are three. First, do internet platforms have moral duties to respect the free speech of their users? Second, do internet platforms have moral duties to restrict (or at least refrain from amplifying) harmful speech posted by their users? And finally, if platforms do indeed have moral duties to restrict harmful speech, should those duties be legally enforced?

The reference to internet platforms , is a deliberate focus on large-scale social media platforms, through which people can discover and publicly share user-generated content. We set aside other entities such as search engines (Whitney & Simpson 2019), important though they are. That is simply because the central political controversies, on which philosophical input is most urgent, concern the large social-media platforms.

Consider the question of whether internet platforms have moral duties to respect the free speech of their users. One dominant view in the public discourse holds that the answer is no . On this view, platforms are private entities, and as such enjoy the prerogative to host whatever speech they like. This would arguably be a function of them having free speech rights themselves. Just as the free speech rights of the New York Times give it the authority to publish whatever op-eds it sees fit, the free speech rights of platforms give them the authority to exercise editorial or curatorial judgment about what speech to allow. On this view, if Facebook were to decide to become a Buddhist forum, amplifying the speech of Buddhist users and promoting Buddhist perspectives and ideas, and banning speech promoting other religions, it would be entirely within its moral (and thus proper legal) rights to do so. So, too, if it were to decide to become an atheist forum.

A radical alternative view holds that internet platforms constitute a public forum , a term of art from U.S. free speech jurisprudence used to designate spaces “designed for and dedicated to expressive activities” ( Southeastern Promotions Ltd., v. Conrad 1975). As Kramer has argued:

social-media platforms such as Facebook and Twitter and YouTube have become public fora. Although the companies that create and run those platforms are not morally obligated to sustain them in existence at all, the role of controlling a public forum morally obligates each such company to comply with the principle of freedom of expression while performing that role. No constraints that deviate from the kinds of neutrality required under that principle are morally legitimate. (Kramer 2021: 58–59)

On this demanding view, platforms’ duties to respect speech are (roughly) identical to the duties of states. Accordingly, if efforts by the state to restrict hate speech, pornography, and public health misinformation (for example) are objectionable affronts to free speech, so too are platforms’ content moderation rules for such content. A more moderate view does not hold that platforms are public forums as such, but holds that government channels or pages qualify as public forums (the claim at issue in Knight First Amendment Institute v. Trump (2019).)

Even if we deny that platforms constitute public forums, it is plausible that they engage in a governance function of some kind (Klonick 2018). As Jack Balkin has argued, the traditional model of free speech, which sees it as a relation between speakers and the state, is today plausibly supplanted by a triadic model, involving a more complex relation between speakers, governments, and intermediaries (2004, 2009, 2018, 2021). If platforms do indeed have some kind of governance function, it may well trigger responsibilities for transparency and accountability (as with new legislation such as the EU’s Digital Services Act and the UK’s Online Safety Act).

Second, consider the question of whether platforms have a duty to remove harmful content posted by users. Even those who regard them as public forums could agree that platforms may have a moral responsibility to remove illegal unprotected speech. Yet a dominant view in the public debate has historically defended platforms’ place as mere conduits for others’ speech. This is the current position under U.S. law (as with 47 U.S. Code §230), which broadly exempts platforms from liability for much illegal speech, such as defamation. On this view, we should view platforms as akin to bulletin boards: blame whoever posts wrongful content, but don’t hold the owner of the board responsible.

This view is under strain. Even under current U.S. law, platforms are liable for removing some content, such as child sexual abuse material and copyright infringements, suggesting that it is appropriate to demand some accountability for the wrongful content posted by others. An increasing body of philosophical work explores the idea that platforms are indeed morally responsible for removing extreme content. For example, some have argued that platforms have a special responsibility to prevent the radicalization that occurs on their networks, given the ways in which extreme content is amplified to susceptible users (Barnes 2022). Without engaging in moderation (i.e., removal) of harmful content, platforms are plausibly complicit with the wrongful harms perpetrated by users (Howard forthcoming).

Yet it remains an open question what a responsible content moderation policy ought to involve. Many are tempted by a juridical model, whereby platforms remove speech in accordance with clearly announced rules, with user appeals mechanisms in place for individual speech decisions to ensure they are correctly made (critiqued in Douek 2022b). Yet platforms have billions of users and remove millions of pieces of content per week. Accordingly, perfection is not possible. Moving quickly to remove harmful content during a crisis—e.g., Covid misinformation—will inevitably increase the number of false positives (i.e., legitimate speech taken down as collateral damage). It is plausible that the individualistic model of speech decisions adopted by courts is decidedly implausible to help us govern online content moderation; as noted in Douek 2021 and 2022a, what is needed is analysis of how the overall system should operate at scale, with a focus on achieving proportionality between benefits and costs. Alternatively, one might double down and insist that the juridical model is appropriate, given the normative significance of speech. And if it is infeasible for social-media companies to meet its demands given their size, then all the worse for social-media companies. On this view, it is they who must bend to meet the moral demands of free speech theory, not the other way around.

Substantial philosophical work needs to be done to deliver on this goal. The work is complicated by the fact that artificial intelligence (AI) is central to the processes of content moderation; human moderators, themselves subjected to terrible working conditions at long hours, work in conjunction with machine learning tools to identify and remove content that platforms have restricted. Yet AI systems notoriously are as biased as their training data. Further, their “black box” decisions are cryptic and cannot be easily understood. Given that countless speech decisions will necessarily be made without human involvement, it is right to ask whether it is reasonable to expect users to accept the deliverances of machines (e.g., see Vredenburgh 2022; Lazar forthcoming a). Note that machine intelligence is used not merely for content moderation, narrowly understood as the enforcement of rules about what speech is allowed. It is also deployed for the broader practice of content curation, determining what speech gets amplified — raising the question of what normative principles should govern such amplification; see Lazar forthcoming b).

Finally, there is the question of legal enforcement. Showing that platforms have the moral responsibility to engage in content moderation is necessary to justifying its codification into a legal responsibility. Yet it is not sufficient; one could accept that platforms have moral duties to moderate (some) harmful speech while also denying that those moral duties ought to be legally enforced. A strong, noninstrumental version of such a view would hold that while speakers have moral duties to refrain from wrongful speech, and platforms have duties not to platform or amplify it, the coercive enforcement of such duties would violate the moral right to freedom of expression. A more contingent, instrumental version of the view would hold that legal enforcement is not in principle impermissible; but in practice, it is simply too risky to grant the state the authority to enforce platforms’ and speakers’ moral duties, given the potential for abuse and overreach.

Liberals who champion the orthodox interpretation of the First Amendment, yet insist on robust content moderation, likely hold one or both of these views. Yet globally such views seem to be in the minority. Serious legislation is imminent that will subject social-media companies to burdensome regulation, in the form of such laws as the Digital Services Act in the European Union and the Online Safety Bill in the UK. Normatively evaluating such legislation is a pressing task. So, too, is the task of designing normative theories to guide the design of content moderation systems, and the wider governance of the digital public sphere. On both fronts, political philosophers should get back to work.

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• International Covenant on Civil and Political Rights (ICCPR) , adopted: 16 December 1966; Entry into force: 23 March 1976.
• Free Speech Debate
• Knight First Amendment Institute at Columbia University
• van Mill, David, “Freedom of Speech”, Stanford Encyclopedia of Philosophy (Winter 2023 Edition), Edward N. Zalta & Uri Nodelman (eds.), URL = < https://plato.stanford.edu/archives/win2023/entries/freedom-speech/ >. [This was the previous entry on this topic in the Stanford Encyclopedia of Philosophy – see the version history .]

ethics: search engines and | hate speech | legal rights | liberalism | Mill, John Stuart | Mill, John Stuart: moral and political philosophy | pornography: and censorship | rights | social networking and ethics | toleration

Acknowledgments

I am grateful to the editors and anonymous referees of this Encyclopedia for helpful feedback. I am greatly indebted to Robert Mark Simpson for many incisive suggestions, which substantially improved the entry. This entry was written while on a fellowship funded by UK Research & Innovation (grant reference MR/V025600/1); I am thankful to UKRI for the support.

Copyright © 2024 by Jeffrey W. Howard < jeffrey . howard @ ucl . ac . uk >

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Library of Congress Catalog Data: ISSN 1095-5054

First Amendment – Freedom of Speech

The First Amendment allows citizens to express and to be exposed to a wide range of opinions and views. It was intended to ensure a free exchange of ideas even if the ideas are unpopular. Freedom of speech encompasses not only the spoken and written word, but also all kinds of expression (including non-verbal communications, such as sit-ins, art, photographs, films and advertisements).

1735 Truth Is A Defense Against Libel Charge

New York printer John Peter Zenger is tried on charges of seditious libel for publishing criticism of the royal governor. English law – asserting that the greater the truth, the greater the libel – prohibits any published criticism of the government that would incite public dissatisfaction with it. Zenger’s lawyer, Andrew Hamilton, convinces the jury that Zenger should be acquitted because the articles were, in fact, true, and that New York libel law should not be the same as English law. The Zenger case is a landmark in the development of protection of freedom of speech and the press.

1787 Federalist Papers’ Publication Starts

The first of 85 essays written under the pen name Publius by Alexander Hamilton, James Madison and John Jay begin to appear in the New York Independent Journal. The essays, called the Federalist Papers, support ratification of the Constitution approved by the Constitutional Convention on Sept. 17, 1787. In Federalist Paper No. 84, Hamilton discusses “liberty of the press.”

1791 First Amendment Is Ratified

The First Amendment is ratified when Virginia becomes the 11th state to approve the first 10 amendments to the Constitution, known as the Bill of Rights. The amendment, drafted primarily by James Madison, guarantees basic freedoms for citizens: freedom of speech, press, religion, assembly and petition.

1798 Alien And Sedition Acts Signed Into Law

While the nation’s leaders believe an outspoken press was justified during the war for independence, they take a different view when they are in power. The Federalist-controlled Congress passes the Alien and Sedition Acts. Aimed at quashing criticism of Federalists, the Sedition Act makes it illegal for anyone to express “any false, scandalous and malicious writing” against Congress or the president.

The United States is in an undeclared war with France, and Federalists say the law is necessary to protect the nation from attacks and to protect the government from false and malicious words. Republicans argue for a free flow of information and the right to publicly examine officials’ conduct.

1836 Efforts To Stifle Debate About Slavery Unsuccessful

As abolitionists develop the tactic of submitting many antislavery petitions to Congress, proslavery members of the U.S. House of Representatives adopt “gag” rules that bar such petitions from being introduced and debated. In 1844, former President John Quincy Adams, then a representative from Massachusetts, leads the effort to repeal these rules.

1859 ‘On Liberty’ Is Published

British philosopher John Stuart Mill publishes the essay On Liberty , arguing that only through the free exchange of ideas, even offensive ones or ones held by a minority of individuals, can society find “truth.”

1864 Lincoln Orders Two Newspapers Shut

President Abraham Lincoln orders Union Gen. John Dix to stop publication of the New York Journal of Commerce and the New York World after they publish a forged presidential proclamation calling for another military draft. The editors also are arrested. After the authors of the forgery are arrested, the newspapers are allowed to resume publication.

1873 Circulation Of Birth Control Information Outlawed

An “Act of the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use” is passed by Congress. The act, more commonly known as the Comstock Act – after anti-obscenity activist Anthony Comstock – makes it a crime to publish, distribute or possess information about contraception or abortion, or to distribute or possess devices or medications used for those purposes.

Lawmakers were responding to increasing concern about abortion, the institution of marriage, and the changing role of women in society.

1917 Congress Passes Espionage Act Of 1917

With World War I being fought, President Woodrow Wilson proposes the Espionage Act of 1917 to protect the country from internal warfare propaganda. Congress passes the act, which makes it a crime to intentionally interfere with military forces, recruiting or enlistment or “cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States.” Punishment is a maximum fine of $10,000, a maximum jail term of 20 years, or both. The act also bans any mailings urging treason.

1918 Sedition Act Of 1918 Punishes Critics Of WWI

An amendment to the Espionage Act of 1917, the Sedition Act is passed by Congress. It goes much further than its predecessor, imposing severe criminal penalties on all forms of expression that are critical of the government, its symbols, or its mobilization of resources for World War I. Ultimately, about 900 people will be convicted under the law. Hundreds of noncitizens will be deported without a trial; 249 of them, including anarchist Emma Goldman, will be sent to the Soviet Union.

1919 ‘Clear And Present Danger’ Exception Established

In Schenck v. United States , the U.S. Supreme Court, in an opinion by Justice Oliver Wendell Holmes, upholds the conviction of Socialist Charles Schenck for conspiracy to violate the Espionage Act by attempting to distribute thousands of antiwar leaflets to U.S. servicemen. While acknowledging that the First Amendment under normal circumstances might protect Schenck’s activities, the Court holds that in special circumstances, such as wartime, speech that poses a “clear and present danger” can be restricted. The Court likens the ideas expressed in Schenck’s leaflets to “falsely shouting fire in a theatre and causing a panic.”

A few days later, in another opinion by Holmes, the Court will uphold Socialist Eugene V. Debs’ conviction, finding that his speech also poses a “clear and present danger” of undermining war recruitment and is not protected by the First Amendment.

1919 ‘Marketplace Of Ideas’ Concept Defined

In his dissent from the majority opinion in Abrams v. United States (upholding the Espionage Act convictions of a group of antiwar activists), U.S. Supreme Court Justice Oliver Wendell Holmes coins his famous “marketplace of ideas” phrase to explain the value of freedom of speech. He said that “the ultimate good desired is better reached by free trade in ideas … the best test of truth is the power of the thought to get itself accepted in the competition of the market.”

Over the years, Holmes’ “marketplace” concept, and the idea that more is better when it comes to competing ideas, has been a consistent theme in First Amendment cases.

1925 Court: First Amendment Applies To States’ Laws

In Gitlow v. New York , the U.S. Supreme Court concludes that the free speech clause of the First Amendment applies not just to laws passed by Congress, but also to those passed by the states.

1926 Mencken Arrested For ‘Indecent Literature’

H.L. Mencken is arrested in Boston for distributing copies of his American Mercury magazine, which contains a story with a prostitute as a central character. Censorship groups in Boston say the magazine is obscene and order Mencken’s arrest for selling “indecent literature.”

1927 Criminal Syndicalism Law Constitutional

In Whitney v. California , the U.S. Supreme Court rules that California’s criminal syndicalism law is constitutional. A member of the state’s Communist Labor Party was prosecuted under the law, which barred advocating, teaching or aiding the commission of a crime, including “terrorism” as a way to achieve change in industrial ownership or political change. The Court says that freedom of speech is not an absolute right.

1931 Court: Symbolic Expression Of Ideas Also Protected

In Stromberg v. California , the U.S. Supreme Court invalidates the state court conviction of a 19-year-old member of the Young Communist League for displaying a red flag as “an emblem of opposition to the United States government.” The Court rules that the woman’s nonverbal, symbolic expression of her antigovernment opinions is protected just as are any words that she might write or speak to express those opinions.

1931 Prior Restraint Ruled Unconstitutional

Near v. Minnesota is the first U.S. Supreme Court decision to invoke the First Amendment’s press clause. A Minnesota law prohibited the publication of “malicious, scandalous, and defamatory” newspapers. It was aimed at the Saturday Press, which had run a series of articles about corrupt practices by local politicians and business leaders. The justices rule that prior restraints against publication violate the First Amendment, meaning that once the press possesses information that it deems newsworthy, the government can seldom prevent its publication. The Court also says the protection is not absolute, suggesting that information during wartime or obscenity or incitement to acts of violence may be restricted.

1937 Court: First Amendment Protects ‘Peaceable Assembly’

In De Jonge v. Oregon , the U.S. Supreme Court overturns the conviction of Dirk De Jonge for participating in a Communist Party political meeting, holding that “peaceable assembly for lawful discussion cannot be made a crime.” That right, the Court finds, is not dependent upon whether one agrees with the ideas being discussed by the people assembled.

1940 Ban On Religious Solicitation Struck Down

In Cantwell v. Connecticut , the U.S. Supreme Court holds that two Jehovah Witnesses’ rights of free speech and free exercise of religion were violated when they were arrested for proselytizing in a Catholic neighborhood. The Court says the solicitation law, which allows a state official to refuse a permit based on religious grounds, is unconstitutional. The Court also overturns a breach of peace conviction, saying the pair’s message was protected religious speech. The case is the first to extend the free exercise of religion clause to the states and to establish the ‘time, manner and place’ rule, which says the state can regulate the free exercise right to ensure it is practiced in a reasonable time, manner and place.

1940 Flag Salute Requirement Is Upheld

In Minersville School District v. Gobitis , the U.S. Supreme Court upholds a Pennsylvania flag-salute law after a challenge by a Jehovah’s Witness family whose two children were expelled for refusing to salute the flag. They believe the salute is forbidden by biblical commands. The Court says the flag is a symbol of national unity, which is the “basis of national security.”

1942 ‘Fighting Words’ Exception Established

In Chaplinsky v. New Hampshire , the U.S. Supreme Court upholds the conviction of a Jehovah’s Witness who had called a police officer a “damned fascist.” The Court rules that there are certain words that “by their very utterance inflict injury” and are of “such slight social value” that they are not welcome in the marketplace of ideas. This category of speech, named “fighting words” by the Court, is not protected by the First Amendment. Consequently, the speaker may be prosecuted.

1943 Court: Required Flag Salute Violates First Amendment

In West Virginia State Board of Education v. Barnette , the U.S. Supreme Court overrules its decision in Minersville School District v. Gobitis and decides that a West Virginia law requiring students to salute the American flag violates the free speech clause of the First Amendment. “Compulsory unification of opinion,” the Court says, is “antithetical to First Amendment values.”

1947 Hatch Act Upheld; Dissent Says It Violates 17th Amendment

In United Public Workers v. Mitchell , the U.S. Supreme Court finds that the Hatch Act, a federal law that prohibits federal employees from participating in many electoral activities does not violate the First Amendment. In a strong dissent, Justice Hugo Black argues that the law muzzles several million citizens and threatens popular government, because it deprives citizens of the right to participate in the political process.

Such limitations, he argues, would be inconsistent with the First Amendment’s guarantee of freedom of speech, press, assembly and petition. Moreover, Black finds that the Hatch Act would violate, or come dangerously close to violating, Article I and the 17th Amendment, which protect the right of the people to vote for their representatives in the House and Senate and to have their votes counted.

1949 Scope Of ‘Fighting Words’ Doctrine Limited

In Terminiello v. Chicago , the U.S. Supreme Court overturns the conviction of Father Arthur Terminiello for disturbing the peace. He was convicted after giving a controversial speech that criticized various racial and political groups. Several disturbances by protesters occurred after the speech. The Court says “fighting words” can be restricted only when they are “likely to produce a clear and present danger.” Justice William O. Douglas writes that free speech may “best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.”

1952 Justices Uphold Group Libel Law

In Beauharnais v. Illinois , the U.S. Supreme Court upholds the conviction of a white supremacist for passing out leaflets that characterized African Americans as dangerous criminals. The “group libel” law under which Joseph Beauharnais was prosecuted makes it a crime to make false statements about people of a particular “race, color, creed or religion” for no other reason than to harm that group. The Court rules that libel against groups, like libel against individuals, has no place in the marketplace of ideas.

1957 Obscenity Exception To First Amendment Established

In Roth v. United States , the U.S. Supreme Court decides that it is not a violation of the First Amendment for the government to regulate, or even criminalize, speech that is “obscene,” because, just like libel and “fighting words,” obscene speech is “utterly without redeeming social importance.” The Court says that in defining obscenity, the government must consider “contemporary community standards.” What was “obscene” 50 years ago may not be in today’s society.

1958 Court Protects ‘Free Association’ In NAACP Case

In NAACP v. Alabama , the U.S. Supreme Court holds that when Alabama state officials demanded that the NAACP hand over its membership list, the members’ right of “free association” was violated. Although no such right is specifically included in the First Amendment, the Court says it is a necessary extension of the rights to free speech and free assembly: “It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the ‘liberty’ assured by the due process clause of the 14th Amendment, which embraces freedom of speech.”

1959 No Protection From Congressional Inquiry

The U.S. Supreme Court finds professor Lloyd Barenblatt’s First Amendment rights were not violated when he was convicted of contempt of Congress for refusing to answer questions about his religious and political beliefs before the House Un-American Activities Committee. In Barenblatt v. United States , the Court says that such questions are legitimate when the investigation’s goal is to “aid the legislative process” and to protect important government interests.

1961 Symbolic Speech Of Civil Rights Protesters Protected

In Garner v. Louisiana , the U.S. Supreme Court overturns the convictions of 16 African American demonstrators for disturbing the peace in three lunch counter sit-ins at all-white restaurants in Baton Rouge, La., to protest segregation. The cases were consolidated under Garner v. Louisiana. Referring to earlier court opinions protecting symbolic speech, Justice John Harlan explains that a sit-in demonstration “is as much a part of the free trade of ideas as is verbal expression.”

1964 Court Establishes ‘Actual Malice’ Standard

In New York Times Co. v. Sullivan , the U.S. Supreme Court establishes the “actual malice” standard when it reverses a civil libel judgment against the New York Times. The newspaper was sued for libel by Montgomery, Ala.’s police commissioner after it published a full-page ad that criticized anti-civil rights activities in Montgomery. The court rules that debate about public issues and officials is central to the First Amendment. Consequently, public officials cannot sue for libel unless they prove that a statement was made with “actual malice,” meaning it was made “with knowledge that it was false or with reckless disregard of whether it was false or not.”

1966 Loyalty Oath Is Struck Down

In Elfbrandt v. Russell , the U.S. Supreme Court invalidates an Arizona law requiring state employees to take a loyalty oath. Anyone who took the oath and then became a member of the Communist Party or any other group that advocated the violent overthrow of the government could be prosecuted for perjury and fired. The Court says the law violates the due process clause by infringing on the right of free association. The Court holds that the law is too broad by punishing a person who joins a group that has both legal and illegal purposes but does not subscribe to the illegal purpose.

1966 Smith Act Is Found Constitutional

In Dennis v. United States , the U.S. Supreme Court upholds the convictions of 12 Communist Party leaders who were convicted under the Smith Act of 1940, formally known as the Alien Registration Act. The law makes it illegal to teach or advocate the overthrow or destruction of the U.S. government, or publish any materials or organize a group that endorses such action. The majority writes that the “existence of the conspiracy” creates “a clear and present danger.”

1968 Limits Placed On Symbolic Speech Right

In United States v. O’Brien , the U.S. Supreme Court lets stand the conviction of an activist who burned his draft card to protest the Vietnam War. Although the Court admits that the law against destroying a draft card does limit speech, it rules that the limit is acceptable because it serves an important government interest (i.e., the smooth operation of the draft during wartime) and is “content-neutral,” meaning that it is not meant to punish any particular point of view or opinion.

1968 Teacher’s Free Speech Right Upheld

The U.S. Supreme Court decides that a public school teacher’s free speech right was violated when he was fired for writing a letter to the newspaper criticizing how money was divided between athletics and academics. The justices say in Pickering v. Board of Education that public school teachers are entitled to some First Amendment protection and that the teacher was speaking out more as a citizen than as a public employee when he wrote the letter.

1969 Students’ Right To Symbolic Speech Upheld

In Tinker v. Des Moines Independent Community School District , the U.S. Supreme Court rules that the school board was wrong to suspend three students who wore black armbands to school to protest the Vietnam War. The Court finds that the students’ passive protest posed no risk of disrupting school activities. “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” the Court’s opinion says.

1969 Private Ownership Of Obscene Material Protected

In Stanley v. Georgia , the U.S. Supreme Court finds unconstitutional a Georgia obscenity law that prohibits the possession of such material. The Court rules that the Constitution “protects the right to receive information and ideas, regardless of their social worth, and to be generally free from governmental intrusions into one’s privacy and control of one’s thoughts.”

1969 Advocacy Of Violence Is Protected Speech Except In Rare Circumstances

In Brandenburg v. Ohio , the U.S. Supreme Court reverses the conviction of a Ku Klux Klan leader under an Ohio law prohibiting speech that calls for crime or violence as a way of winning political change. The Court holds that unless the speaker incites his listeners to “imminent lawless action,” the speech is protected by the First Amendment.

1971 Antiwar Expression Is Ruled Protected Speech

In Cohen v. California , the U.S. Supreme Court overturns the conviction of a man convicted of disturbing the peace for wearing a jacket bearing a vulgarism about the draft. The Court concludes that the expression, however crude, did not pose enough of a risk of inciting disobedience to override his First Amendment right to express his opposition to the Vietnam War.

1971 Newspapers Win Pentagon Papers Case

The New York Times and the Washington Post obtain secret Defense Department documents that detail U.S. involvement in Vietnam in the years leading up to the Vietnam War. Citing national security, the U.S. government gets temporary restraining orders to halt publication of the documents, known as the Pentagon Papers. But, acting with unusual haste, the U.S. Supreme Court finds in New York Times v. United States that prior restraint on the documents’ publication violates the First Amendment. National security concerns are too speculative to overcome the “heavy presumption” in favor of the First Amendment’s guarantee of freedom of the press, the Court says.

1972 Court: No Reporter’s Privilege Before Grand Juries

Branzburg v. Hayes is a landmark decision in which the U.S. Supreme Court rejects First Amendment protection for reporters called before a grand jury to reveal confidential information or sources. Reporters argued that if they were forced to identify their sources, their informants would be reluctant to provide information in the future. The Court decides reporters are obliged to cooperate with grand juries just as average citizens are. The justices do allow a small exception for grand jury investigations that are not conducted or initiated in good faith.

1973 Court: States Can Regulate Obscene Exhibits

In Paris Adult Theatre I v. Slaton , the U.S. Supreme Court upholds a Georgia injunction against the showing of allegedly obscene films at an adult movie theater that allowed only patrons at least 21 years old. The Court finds that “legitimate state interests,” such as preserving quality of life and public safety, are at stake in regulating commercialized obscenity even if the exhibits are limited to consenting adults.

1973 Definition Of Obscenity Is Clarified

In Miller v. California , the U.S. Supreme Court establishes a new definition of obscenity, setting out a three-part test for judging whether material is obscene: (a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest (b) whether the work depicts or describes, in a patently offensive way, sexual conduct; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

1976 Money Spent In Political Campaigns Considered Speech

When Congress tries to limit expenditures in political campaigns, the U.S. Supreme Court, in Buckley v. Valeo , invalidates provisions that restrict candidates’ ability to spend their own money on a campaign, limit campaign expenditures by an outside group, and limit total campaign spending. The Court compares spending restrictions with restrictions on “political speech.” The majority reasons that discussion of public issues and political candidates are integral to the U.S. political system under the Constitution. The Court says government-imposed limits on the amount of money a person or group can spend on political communication reduces “the quantity of expression by restricting the number of issues discussed, the depth of their exploration, and the size of the audience reached.”

1976 Justices Protect Commercial Speech

In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council , the U.S. Supreme Court strikes down a state law that forbids pharmacists from including the prices of prescription drugs in their ads because it is unprofessional conduct. Although such information does not convey an idea other than proposing that a purchase be made, the Court finds that commercial speech enjoys the same First Amendment protection as noncommercial speech.

1977 Court Allows Publication Of Juvenile’s Identity

In Oklahoma Publishing Company v. District Court , the U.S. Supreme Court finds that when a newspaper obtains the name and photograph of a juvenile involved in a juvenile court proceeding, it is unconstitutional to prevent publication of the information, even though the juvenile has a right to confidentiality in such proceedings. A similar ruling will be made by the court two years later, in Smith v. Daily Mail Publishing Company , when the Court finds that a newspaper’s First Amendment right takes precedence over a juvenile’s right to anonymity.

1978 Nazis Permitted To March In Skokie, Ill.

The 7th U.S. Circuit Court of Appeals invalidates a city law passed in Skokie, Ill., home to 5,000 Holocaust survivors, to prevent a neo-Nazi group from holding a march there. The Court rules in Collin v. Smith that the group should be permitted to march in their uniforms, distribute anti-Semitic leaflets and display swastikas. The court does not deny the group’s symbols are offensive to many observers, but concludes that “public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers.” The U.S. Supreme Court will refuse to review the case.

1978 FCC Can Regulate Indecent Speech

The U.S. Supreme Court, in FCC v. Pacifica Foundation , allows the Federal Communications Commission to regulate indecent speech broadcast over the air. The Court says the FCC can channel broadcasts that contain indecent language to late-night hours, when children are less likely to be listening.

1980 Court Establishes Commercial Speech Test

In Central Hudson Gas & Electric Corp. v. Public Service Commission , the U.S. Supreme Court decides that a state ban on promotional advertising by the electric utility is unconstitutional. The ruling sets up a four-part test to decide when commercial speech can or cannot be regulated: (1) It must not be misleading or involve illegal activity (2) The government interest advanced by the regulation must be significant (3) The regulation must directly advance the government interest (4) The regulation must be limited to serving the asserted government interest.

1982 School Board Cannot Ban Library Books

In Board of Education v. Pico , the U.S. Supreme Court rules that a school board’s decision to remove books from the school library based simply on their content violates the First Amendment’s free speech right. The Court says the First Amendment protects the right to receive information and ideas. The justices allow that books that are “pervasively vulgar” or educationally unsuitable can be removed.

1982 Justices Rule Child Porn Not Protected

In New York v. Ferber , the U.S. Supreme Court holds that the First Amendment does not protect child pornography. Child pornography joins certain categories of speech – libel, “fighting words,” words that present a “clear and present danger” of violence, and obscene material – that are considered to have such negative consequences that it is acceptable for the government to restrict them.

1983 Public Employees’ Free Speech Right Defined

In Connick v. Myers , a landmark free-speech ruling for public employees, the U.S. Supreme Court says that an assistant district attorney’s free speech right was not violated when she was fired for distributing a questionnaire about internal office practices to fellow prosecutors. At least one of Myers’ questions related to a matter of public concern: whether assistant prosecutors felt pressured to work in political campaigns. But, relying on its 1968 Pickering ruling, the Court decides that the employer’s interest in a disruption-free workplace outweighs the employee’s right to comment on an issue of public concern.

1985 Anti-Pornography Law Is Struck Down

In American Booksellers Association v. Hudnut , the 7th U.S. Circuit Court of Appeals strikes down an Indianapolis anti-pornography law. The law had not used the court’s guidelines for deciding what is “obscene” material. The court finds that the law unconstitutionally targeted a certain viewpoint and allowed the government to decide which ideas are good or bad.

1986 Court: Student’s Lewd Speech Not Protected

In Bethel School District v. Fraser , the U.S. Supreme Court decides that a high school senior’s free speech right was not violated when he was disciplined for making a lewd speech at an assembly. Previously, in Tinker v. Des Moines Independent Community School District , the justices had said students do not “shed their constitutional rights” at the schoolhouse door. Chief Justice Warren E. Burger writes that schools can prohibit lewd speech because it is inconsistent with the “fundamental values of public school education.”

1988 Court Allows Censorship Of School Publications

In Hazelwood School District v. Kuhlmeier , the U.S. Supreme Court rules that public school administrators can censor speech by students in publications (or activities) that are funded by the school – such as a yearbook, newspaper, play, or art exhibit – if they have a valid educational reason for doing so.

1989 Court: Flag Burning Is Protected Symbolic Speech

In Texas v. Johnson , the U.S. Supreme Court rules that burning an American flag is protected symbolic speech. Gregory Lee Johnson burned the flag outside Dallas City Hall to protest Reagan administration policies. The justices find that his actions fall into the category of expressive conduct and have a political nature. Speech cannot be prohibited simply because an audience takes offense to certain ideas, the Court says.

1990 Flag Protection Act Ruled Unconstitutional

In U.S. v. Eichman , the U.S. Supreme Court decides that the 1989 Flag Protection Act is unconstitutional. The law provided penalties of up to one year in jail and a $1,000 fine for anyone who “knowingly mutilates, physically defiles, burns, maintains on the floor or ground, or tramples upon” any U.S. flag. The justices rule that the right to free expression supersedes protection of the flag as a national symbol. Justice William J. Brennan writes: “Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered, and worth revering.”

1991 Media Coverage Limited In Gulf War

The Pentagon imposes rules for media coverage of the war in the Persian Gulf, citing the possibility that some news – including information on downed aircrafts, specific troop numbers, and names of operations – may endanger lives or jeopardize U.S. military strategy. Nine news organizations file a lawsuit questioning the constitutionality of limiting media access to the battleground. But a court rules the question moot when the war ends before the case is decided.

1991 Son Of Sam Law Is Struck Down

The U.S. Supreme Court strikes down New York’s Son of Sam law aimed at preventing convicted criminals or those accused of crimes from profiting from the sale of any work discussing their crimes. In Simon & Schuster Inc. v. New York State Crime Victims Board , the Court says the law violates the First Amendment because it singles out earnings from speech or writing.

1992 Court Strikes Down Hate Crime Law

In R.A.V. v. The City of St. Paul , the U.S. Supreme Court reverses the juvenile conviction of a 14-year-old white boy who burned a cross on the lawn of an African American family. The boy was prosecuted under a law prohibiting the placement of certain symbols that were “likely to arouse anger, alarm, or resentment on the basis of race, religion, or gender.” The Court finds that because the law punishes certain conduct only because of the ideas behind it – however offensive those ideas may be – it violates the First Amendment’s free speech clause.

1993 Justices Allow Tougher Hate Crime Penalties

In Wisconsin v. Mitchell , the U.S. Supreme Court upholds a Wisconsin law that increases the penalty for assault if the offender purposely picks his victim “because of the race, religion, color, disability, sexual orientation or national origin or ancestry of that person.” The Court rules that the increased penalty does not violate the offender’s free speech rights because the Wisconsin law is aimed at the offender’s actions.

1994 Justices Uphold Buffer Zones At Abortion Clinics

In Madsen v. Women’s Health Center , the U.S. Supreme Court affirms a Florida court’s ruling that abortion protesters could not demonstrate within 36 feet of an abortion clinic, make loud noises within earshot of the clinic, or make loud noises within 300 feet of a clinic employee’s home. (These distance requirements are known as buffer zones.) Although the Court acknowledges that the ruling restricts the protesters’ speech, it finds the restrictions “necessary to serve a significant government interest” of providing needed health care.

1995 Communications Decency Act Passed

As part of the Telecommunications Act of 1996, Congress enacts the Communications Decency Act. The law is intended primarily to protect minors using the internet by criminalizing the placement of “obscene” and “patently offensive” material on the Web. The Communications Decency Act is almost immediately challenged by a diverse coalition of health-care providers, sex educators and pornographers on the grounds that the law violates the right to free speech.

1996 Child Pornography Prevention Act Passed

The Child Pornography Prevention Act expands the definition of child pornography – which, unlike most pornography involving adult subjects, does not enjoy First Amendment protection and can be criminalized – to include computer-generated depictions of children engaging in sexual activity. The act is challenged on First Amendment grounds by a variety of civil liberties and artistic groups.

1997 ‘Floating’ Buffer Zones At Clinics Struck Down

In Schenck v. Pro-Choice Network of Western New York , the U.S. Supreme Court upholds a 15-foot buffer zone around an abortion clinic’s entrances and driveways, but strikes down a “floating” buffer zone that requires protesters to stay 15 feet away from all cars and patients as they enter and exit the clinic. The Court finds that, in contrast to the “fixed” buffer zone around the clinic, the “floating” zone risks silencing protesters: “Leafletting and commenting on matters of public concern are classic forms of speech that lie at the heart of the First Amendment, and speech in public areas is at its most protected on public sidewalks, a prototypical example of a traditional public forum.”

1997 Equal Access For Military Recruiters Is Upheld

The Solomon Amendment requires institutions of higher education to provide military recruiters with the same access to students as other potential employers. If the school does not, it loses certain federal funds. Members of an association of law schools and law faculties wanted to restrict military recruiting because they objected to the military’s policy on LGBT+ recruits. The U.S. Supreme Court unanimously says that the Solomon Amendment does not place an unconstitutional condition on the receipt of federal funds. The Court says the First Amendment does not prevent Congress from directly imposing the equal access requirement because the Solomon Amendment limits conduct, not speech.

1997 Court Ruling Backs Free Speech On Internet

In Reno v. American Civil Liberties Union , the U.S. Supreme Court gives broad support to free speech on the Internet. The justices rule that the Communications Decency Act violates the First Amendment by criminalizing many kinds of material on the internet that are not obscene or offensive, such as medical information or artistic depictions of the human body.

1998 Court: Public TV Can Exclude Candidates

The U.S. Supreme Court decides that public television stations can exclude minor-party candidates from their debates as long as the decision is not based on the candidates’ views and the debates are not designed as public forums. The decision, in Arkansas Educational Television Commission v. Forbes , strikes down an appeals court ruling that a state-owned TV network is obliged under the First Amendment to allow any candidate who has qualified for the ballot access to a debate.

1998 Decency Test On Arts Grants Is Upheld

In National Endowment for the Arts v. Finley , the U.S. Supreme Court rules that the NEA, the government’s art-funding agency, can include “decency” standards among its criteria for awarding government grants for artists’ work without violating the First Amendment.

1999 Giuliani Targets Publicly Funded Art

Infuriated by a planned exhibit at the Brooklyn Museum of Art that features an image of the Virgin Mary decorated with elephant dung, New York City Mayor Rudy Giuliani threatens to cut all city funding to the museum, evict the museum from its building, and remove the Board of Directors. A subsequent First Amendment lawsuit between the museum and the city will be settled the following year, with the city agreeing to pay an additional $5.8 million in repairs to the museum over the next two years.

2000 Boy Scouts Can Bar LGBT+ Leaders

In Boy Scouts of America v. Dale , the U.S. Supreme Court says the Boy Scouts organization has the right to bar gay people from serving as troop leaders. Assistant scoutmaster James Dale contended that the Boy Scouts had violated a New Jersey statute banning discrimination on the basis of sexual orientation in places of public accommodation. The justices said the law violated the Boy Scouts’ First Amendment right to expressive association.

2000 Court Revisits ‘Floating’ Buffer Zones At Clinics

In Hill v. Colorado , the U.S. Supreme Court upholds a Colorado law that prohibits abortion protesters from “knowingly approaching” within eight feet of a person entering or exiting an abortion clinic. The Court says that, unlike the “floating” 15-foot buffer zone that it struck down in Schenck , the buffer zone in the Colorado law is small, so protesters are still able to exercise their free speech right.

2000 Children’s Internet Protection Act Passed

Congress passes the Children’s Internet Protection Act. The law requires public libraries that receive certain federal funds to use a portion of those funds to buy internet programs for their computer terminals to filter out material that is “harmful to minors.” The American Library Association and the ACLU both bring lawsuits challenging the law on First Amendment grounds.

2002 Ban On ‘Virtual’ Child Porn Struck Down

In Ashcroft v. Free Speech Coalition , the U.S. Supreme Court rules that the Child Pornography Prevention Act’s criminalization of computer-generated depictions of children engaging in sexual activity violates the First Amendment. The Court finds that the law goes further than existing child pornography laws (which ban material involving actual children) to potentially cover many kinds of images that are not pornographic.

2003 Law To Protect Children Passed

The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act, or the PROTECT Act, includes numerous provisions intended to protect children from exploitation, kidnapping, and other crimes. It increases penalties for creating child pornography and strengthens penalties for “virtual” child pornography. Modern technology makes it easier for individuals to produce child pornography without involving “real” children. This law takes steps to prevent that practice. The law also encourages increased cooperation of internet service providers to report suspected child pornography.

2003 Court Rules On Cross-Burning Law

In Virginia v. Black , the U.S. Supreme Court rules that a law prohibiting cross burning could, in theory, be allowed under the First Amendment if it targets only cross burnings that are specifically “intended to intimidate.” Nevertheless, the Court strikes down the Virginia law because it outlaws all cross burnings, including those intended to express a political view.

2003 Law On Library Internet Filters Upheld

In United States v. American Library Association , the U.S. Supreme Court rules that the Children’s Internet Protection Act (CIPA) of 2000, requiring public libraries that receive certain federal funds to buy internet filters for their computers to weed out material that is “harmful to minors,” does not violate the First Amendment. The Court says that Congress has broad authority to attach restrictions to its funding, and that the CIPA restrictions are consistent with library rules that limit children’s access to only age-appropriate materials. The Court says that libraries are allowed to disable the “blocking” software for adults.

2003 Justices Uphold Campaign Finance Law

The Bipartisan Campaign Finance Reform Act of 2002, known as the McCain-Feingold Bill, is an effort to change the way money is raised and spent by political campaigns. Key parts are a ban on unrestricted (“soft money”) donations to political parties (often by corporations and unions) and restrictions on TV ads sponsored by unions, corporations and nonprofit groups up to 60 days before elections. The plaintiffs, including unlikely allies such as the National Rifle Association and the ACLU, say these provisions violate their rights to free speech and association. The U.S. Supreme Court upholds the provisions, finding that they are justified by the government’s interest in preventing corruption or the appearance of corruption that might result.

2004 Child Online Protection Act Struck Down

After the Child Online Protection Act became law, the ACLU sued to stop its enforcement, saying the law violated the right to free speech. The U.S. District Court and the Third U.S. Circuit Court of Appeals both agree with the ACLU. In 2002, however, the U.S. Supreme Court orders the Third Circuit to reevaluate the case, saying the decision was based on insufficient reasoning.

In 2003, the appeals court again finds the law unconstitutional, based on different grounds from the first ruling. The justices agree to rehear the case and, in Ashcroft v. American Civil Liberties Union , strike down the law. Justice Anthony Kennedy writes that children can be protected from inappropriate material by other, less restrictive ways and that the law could prevent adults from accessing information they have a right to view.

2004 Patriot Act Provision Ruled Unconstitutional

A federal judge for the Southern District of New York rules unconstitutional a Patriot Act provision that allows the FBI to demand information about internet users but does not hold the FBI subject to public review or judicial oversight for its actions. The provision also forbids internet service providers from revealing that such information has been requested. Judge Victor Marrero rules that this provision violates the free speech right by prohibiting internet service providers from ever speaking about such FBI requests.

2006 Court Rejects Vermont Campaign Finance Law

Vermont’s Act 64 stringently limits the amounts that candidates for state office may spend on their campaigns and the amounts that individuals, organizations, and political parties may contribute. In Randall v. Sorrell , the U.S. Supreme Court reaffirms its 1976 ruling in Buckley v. Valeo that rejected limits on how much candidates could spend on their own campaigns. Regarding Vermont’s contribution limits, the Court says they are so low that they pose a constitutional risk to the electoral process. Challengers may be unable to mount an effective challenge to better-financed incumbents.

2007 Court Strikes Down Ad Limits In Campaign Law

The U.S. Supreme Court creates an exemption to advertisement restrictions set out in the 2002 McCain-Feingold campaign finance law. In Federal Election Commission v. Wisconsin Right to Life , Chief Justice John G. Roberts Jr. writes that only ads that make specific appeals to vote for or against a candidate can be prohibited in the period covered by the law – 30 days before a primary election and 60 days before a general election. The Court says limits on TV ads sponsored by corporations or unions in that period amount to censorship of political speech, which is protected under the First Amendment.

2007 Justices Restrict Students’ Free Speech Right

In Morse v. Frederick , the U.S. Supreme Court affirms that free speech rights for public school students are not as extensive as those for adults. In this case, a student held up a banner with the message “Bong Hits 4 Jesus,” a slang reference to marijuana use, at a school-supervised event across from the campus. The principal removed the banner and suspended the student for 10 days. The majority opinion says that although students have some right to political speech, it does not include pro-drug messages that may undermine the school’s mission to educate against illegal drug use.

2009 City’s Refusal Of Religious Monument Upheld

The U.S. Supreme Court decides unanimously in Pleasant Grove City v. Summum that a Utah city did not violate the Summum church’s free speech right by refusing a donation of a monument reflecting its beliefs. The church argued that the park, which had a Ten Commandments monument, was a public forum and that the city could not discriminate among speakers. The Court said permanent monuments were government speech and did not have the same free speech protection as speakers or leaflets in a public forum.

2010 Court Lifts Limits On Corporate Election Spending

In Citizens United v. FEC , the U.S. Supreme Court rules, 5-4, to remove limits on corporate spending on elections. Corporations and unions still cannot directly give money to federal candidates or national party committees. The majority opinion says the First Amendment right of free speech extended to corporations. The landmark decision overturns decades of rules that governed the campaign finance and sparked fears that a flood of money into politics would dramatically alter campaigns.

2010 Corporate Spending Limit Rejected

The U.S. Supreme Court decides, 5-4, in Citizens United v. Federal Election Commission , that the government cannot regulate political speech — political spending — by corporations in elections. “If the First Amendment has any force,” Justice Anthony M. Kennedy writes for the majority, “it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.” The dissenters warn of the consequences if a flood of corporate money is unleashed in elections. Justice John Paul Stevens says corporate speech should not be treated the same as that of people. The ruling overturns two precedents about the free speech rights of corporations: Austin v. Michigan Chamber of Commerce , a 1990 ruling that upheld restrictions on corporate spending to support or oppose political candidates, and McConnell v. Federal Election Commission , a 2003 decision that upheld the part of the Bipartisan Campaign Reform Act of 2002 that restricted campaign spending by corporations and unions.

2011 First Amendment Protects Funeral Protests

“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and — as it did here — inflict great pain.” Those are Chief Justice John G. Roberts Jr.’s words when the Supreme Court rules in Snyder v. Phelps that the First Amendment’s right to free speech protects hateful protests at military funerals. Members of the Westboro Baptist Church — which believes God is punishing the U.S. for its tolerance of homosexuality — had appeared at the funeral of a Marine who died in Iraq. Albert Snyder, the Marine’s father, sued the protesters for, among other things, intentional infliction of emotional distress. Roberts suggests that laws creating buffer zones around funerals would be a better response than punishing unpopular speech. He says that the nation’s commitment to free speech demands protection of “even hurtful speech on public issues to ensure that we do not stifle public debate.”

2012 Person’s Right To Lie Is Protected

The U.S. Supreme Court strikes down the Stolen Valor Act, a federal law that made it illegal for individuals to claim to have won or to wear military medals or ribbons that they didn’t earn. The Court, in a 6-3 ruling, says that the First Amendment protects the right to lie about medals and military service. Justice Anthony M. Kennedy says freedom of speech “protects the speech we detest as well as the speech we embrace.” The government had argued that such lies “inhibit the government’s efforts to ensure that the armed services and the public perceive awards as going only to the most deserving few.”

2012 U.S. Can’t Require Graphic Warnings On Cigarette Packs

The U.S. Court of Appeals for the District of Columbia Circuit rules that the federal Food and Drug Administration cannot require tobacco companies to place large graphic health warnings on cigarette packages to show the effects of smoking. The appeals court upholds a lower court’s decision that the requirement violates the First Amendment’s free speech right. Some of the largest tobacco companies sued the government, arguing that the warnings were not just factual information but advocated against smoking.

2015 States May Limit Judicial Candidates’ Fund-Raising Requests

The U.S. Supreme Court rules, 5-4, in Williams-Yulee v. Florida Bar , No. 13-1499 that states may ban judicial candidates from personally asking their supporters for money. Twenty-nine other states also prohibit personal solicitations, which they say threaten the integrity of the judicial branch and public confidence in the system.

2015 Intent Cited in Online Threats Case

In a social media case, Elonis v. United States , the U.S. Supreme Court reverses the conviction of a Pennsylvania man who had used violent language against his wife on Facebook. The majority opinion says prosecutors failed to prove the defendant’s intent when he published threatening lyrics about his wife on Facebook. The decision makes it harder to prosecute people for threats made on social media.

2015 Court Says Texas May Reject License Plate Design

The U.S. Supreme Court decides in Walker v. Texas Division, Sons of Confederate Veterans, Inc. , 5-4, that Texas may refuse to make a specialty license plate with the Confederate flag. The Sons of Confederate Veterans sued the state when it refused to make such a plate. The group said its First Amendment right to free speech had been violated. The majority opinion says that because license plates “constitute government speech,” Texas could choose which designs to produce.

2015 Town Ordinance On Signs Struck Down

In Reed v. Town of Gilbert, Ariz., the U.S. Supreme Court unanimously strikes down a town law that treated a church’s signs differently from other signs, such as political ads. Unlike other signs, the church signs were limited in size and allowed to be in place for only a certain number of house. The majority opinion says that the town ordinance was based on the content of the sign’s message, which violates the First Amendment’s free speech right.

2019 Federal Ban on ‘Immoral,’ ‘Scandalous’ Trademarks Struck Down

The U.S. Supreme Court rules, 6-3, that the federal government’s ban on registering “immoral” and “scandalous” trademarks violates the First Amendment of the Constitution. The dissenters express concern that the majority opinion goes too far and that the trademark office would be forced to register trademarks containing “the most vulgar, profane, or obscene words and images imaginable.” In the case, Iancu v. Brunetti, a Los Angeles artist, Erik Brunetti, sued the government for refusing to register the trademark for his “subversive” clothing line.

2021 Court Backs Catholic Agency Over Refusal To Work With Same-Sex Couples

The U.S. Supreme Court sides with a Catholic foster care agency that was cut off by the City of Philadelphia from receiving foster care referrals because it refused to work with same-sex couples. The agency believes marriage is between a man and a woman. The Court unanimously rules in Fulton v. City of Philadelphia that the city was wrong to end its foster care contract with Catholic Social Services. Chief Justice John G. Roberts Jr., writing for six of the justices, said the city’s refusal to contract with the foster care agency unless it agreed to certify same-sex couples as foster parents violated the First Amendment.

2021 Court Sides With Cheerleader In Off-Campus Speech

The U.S. Supreme Court rules 8-1 in Mahony Area School District v. B.L. in favor of a Pennsylvania cheerleader who lost her place on the squad because of a profane off-campus rant posted on social media. Although the Court said the punishment violated her First Amendment right of free speech, it declined to say schools never have a role in disciplining students for off-campus speech.

2022 Censure of Politician Is Constitutional, High Court Says

The U.S. Supreme Court unanimously decides in House Community College System v. Wilson that elected bodies do not violate the First Amendment’s free speech clause when they censure a member. Justice Neil M. Gorsuch wrote: “In this country, we expect elected representatives to shoulder a degree of criticism about their public service from their constituents and their peers — and to continue exercising their free speech rights when the criticism comes.”

2022 High Court Rules Against Boston On Christian Flag

The U.S. Supreme Court unanimously rules in Shurtleff v. City of Boston that the City of Boston violated the First Amendment when it refused to let a private group raise a Christian flag in front of its City Hall. One of three flagpoles is occasionally made available to groups seeking to celebrate their backgrounds or to promote causes like gay pride. In a 12-year period, the city approved 284 requests to raise flags and rejected only one, from Camp Constitution, which says it seeks “to enhance understanding of our Judeo-Christian moral heritage.” The city’s refusal to let the group fly its flag based on its religious viewpoint violated the free speech clause of the First Amendment, the majority opinion said.

Related Resources

• Book: First Amendment (1791)
• Handout: Freedom of Speech: Finding the Limits
• Book: Chapter 6: The Right to Freedom of Speech
• Video: A Conversation on the Constitution with Justices Stephen Breyer, Anthony Kennedy and Sandra Day O'Connor: Freedom of Speech
• Book: Chapter 8: The Latitude and Limits of Free Speech
• Book: Chapter 10: The Flag-Salute Cases
• Book: Chapter 18: Freedom of Speech in Public Schools

Essay on Freedom of Speech – Short Essay, 10 Lines, 500 & 1000 Words

Essay on Freedom of Speech: Embark on a journey through the nuanced landscape of freedom of speech in this insightful essay. Explore the historical significance of this fundamental right, dissect the challenges it faces in contemporary society, and delve into the delicate balance between unrestricted expression and responsible discourse.

The essay examines the role of freedom of speech in shaping democracies, advocating for individual rights, and fostering social progress. Gain a comprehensive understanding of the complexities surrounding this cherished freedom and its impact on diverse aspects of our lives and society.

Table of Contents

Essay on Freedom of Speech in 10 Lines

This essay delves into the intricacies of freedom of speech, exploring its historical context, contemporary challenges, and the delicate balance between unrestricted expression and responsible discourse.

• Freedom of speech is a fundamental human right that underpins democratic societies.
• It allows individuals to express their opinions, ideas, and beliefs without censorship or restraint.
• The historical evolution of this right can be traced through various social and political movements.
• While essential, freedom of speech comes with responsibilities to avoid harm or discrimination.
• Contemporary challenges include navigating the digital age, combating misinformation, and addressing hate speech.
• The balance between unrestricted expression and responsible discourse is crucial for societal harmony.
• Freedom of speech plays a vital role in fostering diverse perspectives, innovation, and social progress.
• It is a cornerstone of democracy, empowering citizens to participate in public discourse and hold authorities accountable.
• Legal frameworks exist to protect this right, but debates persist on the limitations and extent of free speech.
• Understanding the complexities of freedom of speech is essential for maintaining a just and inclusive society.

Also See – India of My Dreams Essay – 100, 500, 1000 Words, 10 Lines

Short Essay on Freedom of Speech in English – 100 Words

This short essay explores the vital role of freedom of speech, discussing its significance, challenges, and the delicate balance between unrestricted expression and responsible discourse in today’s society.

Freedom of speech is a cornerstone of democracy, allowing individuals to express opinions openly. It nurtures diverse perspectives, essential for societal growth. This right empowers citizens to critique authority and actively participate in civic life. While crucial, responsible speech is emphasized to prevent harm or hate.

The freedom of expression safeguards democracy, enabling an informed and dynamic public discourse. It’s a fundamental right that fosters transparency, challenges injustices, and propels social evolution. It stands as a beacon for democratic values, ensuring that the voices of the people remain an essential force in shaping a just and enlightened society.

Essay on Freedom of Speech in 500 Words

This essay on freedom of speech delves into its historical roots, contemporary challenges, and the crucial balance between unrestricted expression and responsible discourse, offering a comprehensive exploration of its impact on democracy, society, and individual rights.

Freedom of speech is a bedrock principle in democratic societies, embodying the essence of individual liberty and civic engagement. Rooted in the historical struggles for freedom and expression, this fundamental right grants individuals the power to articulate their thoughts, opinions, and ideas without fear of censorship or persecution.

The historical evolution of freedom of speech can be traced through pivotal social and political movements that challenged oppressive regimes and sought to establish a society where diverse voices could be heard.

In the contemporary landscape, freedom of speech faces new and complex challenges, particularly in the digital age. The advent of social media platforms and online communication has amplified the reach of individuals’ voices but has also given rise to concerns about the spread of misinformation, hate speech, and the potential for echo chambers that limit exposure to diverse perspectives. Navigating these challenges requires a delicate balance between upholding the principle of unrestricted expression and promoting responsible discourse that respects the rights and dignity of others.

While freedom of speech is a powerful tool for fostering diverse perspectives, innovation, and social progress, it comes with a responsibility to avoid harm and discrimination. The adage that “with great power comes great responsibility” applies aptly to the exercise of free speech. Striking the right balance is crucial to ensuring that the principle serves its intended purpose of promoting a vibrant marketplace of ideas without enabling the spread of harmful content or misinformation.

In democratic societies, freedom of speech is a cornerstone that empowers citizens to participate actively in public discourse, hold authorities accountable, and contribute to shaping the direction of their communities. It is not merely a legal protection but a societal value that underpins the democratic ethos. Legal frameworks exist to protect this right, but debates persist on the limitations and extent of free speech, especially when it comes to issues like hate speech, incitement to violence, or the spread of false information that can harm public safety.

In conclusion, understanding the complexities and challenges of freedom of speech is essential for maintaining a just and inclusive society. Balancing the unrestricted expression of ideas with responsible discourse is a nuanced task that requires ongoing reflection and adaptation to the evolving dynamics of communication. Nurturing a culture that upholds the principles of free speech while safeguarding against its potential abuses is crucial for fostering a democratic society where diverse voices contribute to the collective pursuit of truth, justice, and progress.

Essay on Freedom of Speech in English in 1000 Words

This comprehensive essay on freedom of speech explores its historical roots, contemporary challenges, and the delicate balance between unrestricted expression and responsible discourse, analyzing its impact on democracy, society, and individual rights.

Introduction

Freedom of speech, a cornerstone of democratic principles, has been a pivotal force in shaping societies and driving change throughout history. This essay undertakes a comprehensive exploration of this fundamental right, tracing its historical evolution, examining contemporary challenges, and addressing the delicate balance required for responsible discourse.

Historical Roots of Freedom of Speech

The foundations of freedom of speech can be traced back to historical struggles for liberty. This section delves into seminal moments, such as the Enlightenment era and the American and French revolutions, where individuals fought for the right to express their thoughts and opinions without fear of reprisal.

The Democratic Ethos

Freedom of speech is intrinsically tied to the democratic ethos. This section explores how this fundamental right empowers citizens to actively participate in public discourse, hold authorities accountable, and contribute to shaping the direction of their communities. It delves into the symbiotic relationship between free speech and the health of a democratic society.

Legal Frameworks and Limitations

While freedom of speech is a cherished right, legal frameworks exist to navigate its boundaries. This section examines how societies strike a balance between protecting this right and addressing challenges such as hate speech, incitement to violence, and the spread of false information that may pose threats to public safety.

Challenges in the Digital Age

The advent of the digital age has reshaped the landscape of freedom of speech. This section explores how social media and online platforms have amplified individual voices while raising concerns about misinformation, echo chambers, and the potential misuse of free speech in the virtual realm.

Responsible Discourse

Freedom of speech comes with responsibilities. This section delves into the concept of responsible discourse, emphasizing the need for individuals to exercise their right to free speech in a manner that respects the rights and dignity of others. It discusses the delicate balance required to prevent the spread of harmful content while fostering a vibrant marketplace of ideas.

Impact on Innovation and Social Progress

This section explores the positive impact of freedom of speech on innovation and social progress. It discusses how the open exchange of ideas fosters diversity, stimulates creativity, and contributes to the evolution of societies, making a compelling case for the inherent value of unrestricted expression.

Societal Value and Individual Rights

Freedom of speech is not merely a legal protection but a societal value. This section examines how the principle underpins the democratic ethos and contributes to the development of individual rights. It considers the interconnectedness of free speech with broader societal values.

Striking a Balance

Achieving a balance between unrestricted expression and responsible discourse is a nuanced task. This section delves into the challenges and complexities associated with finding this equilibrium, emphasizing the importance of ongoing reflection and adaptation to the evolving dynamics of communication.

In conclusion, this essay provides a thorough analysis of freedom of speech, covering its historical roots, democratic significance, legal frameworks, challenges in the digital age, responsible discourse, impact on innovation, societal value, and the delicate balance required for its responsible exercise. As societies navigate the complexities of the modern world, understanding the multifaceted nature of freedom of speech is essential for fostering democratic societies where diverse voices contribute to the collective pursuit of truth, justice, and progress.

This Essay on Freedom of Speech illuminates the intricate tapestry of freedom of speech, unraveling its historical significance, contemporary challenges, and the imperative of responsible discourse.

As societies grapple with the digital age and evolving communication dynamics, the delicate balance between unrestricted expression and thoughtful engagement becomes paramount.

Understanding the multifaceted nature of freedom of speech is not only a historical journey but a contemporary imperative, shaping societies that uphold democratic values and foster diverse voices in the pursuit of progress and justice.

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Freedom Of Speech - Essay Examples And Topic Ideas For Free

Freedom of speech is a principle that supports the freedom of an individual or community to articulate their opinions without fear of retaliation, censorship, or legal sanction. Essays could explore the various interpretations of freedom of speech, its limitations, and its impact on democracy and societal harmony. A vast selection of complimentary essay illustrations pertaining to Freedom Of Speech you can find at Papersowl. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.

Freedom of Speech and Censorship

The government needs to also look at the First amendment that gives Americans the freedom of speech. Although freedom of speech gave the Americans an opportunity to express themselves, it came with some disadvantages. Some individuals used this freedom to propagate hatred especially racism. Individuals who had something against the blacks would use the freedom of expression clause to protect themselves before making hateful remarks. They would propagate hate between the African Americans and the whites. Some leaders were known […]

Freedom of Speech should not be Limited

Literature has always been tricky. At times, people find certain books to be offensive or inappropriate. People will even go to great lengths to challenge or ban books just because of differing opinions. Limiting free speech has been a constant and continuous argument throughout history. One side argues that certain pieces of writing should be banned or censored due to words, content and themes that are either viewed as inappropriate, controversial or contain language that is no longer acceptable. Violence, […]

First Amendment Values

Americans value the First Amendment as much as a teenage girl values her cell phone. Life just wouldn't be the same without it. Thanks to the authors of the Constitution America has established the fundamental laws, government, and basic rights for American citizens. The document was signed on September 17, 1787, in Philadelphia. Later, Madison introduced 19 amendments, 12 of which were adopted. Ten of them were ratified and became the Bill of Rights on December 10, 1791. The First […]

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Freedom of Speech on Social Media

Social media and freedom of speech have taken over the world. People read on the news every day about people being punished for what they post on social media. To what limit should people be punished for what they post? When people post online, everyone can see the material. It does not matter if the account is private. People should face consequences for their actions on social media if their post is offensive, containing work information, or includes a provocative […]

Importance of Freedom of Speech

Freedom of Speech Taken from People Many people around the world are forced to live without a voice for themselves. These people live in constant fear of the consequences they may face if they do voice their opinions. This lack of a voice goes against the inalienable right that is known as freedom of speech, which is defined as “the legal right to express one’s opinion freely” (Merriam-Webster, 2020). These restrictions of free speech can be countered through the use […]

What Freedom Means to me

There are millions of people around the world that live under conditions where the government withholds their human freedoms from them. Some people can not practice the religion they truly believe in, and others are scared for their lives on a daily basis. No matter how many restrictions citizens of different countries must abide by, nobody should be forced into silence. To “be free” means that everybody has the right to raise up their voice, and act for what they […]

Justice Freedom of Speech

With the popularity of the Internet, the network media has broken the limitation of the traditional media in the freedom of speech, and people can enjoy expressing opinions and spreading information. The infinity of the Internet brings many benefits to people, such as searching for information and watching videos. At the same time, the virtual nature of the network also brings hidden dangers for people, such as spreading false information, human flesh search, and so on. One of the reasons […]

Should Freedom of Speech be Limited

In this paper each author reflects their own moral opinion on hate speech shared with freedom of speech and the results from it containing negative content. There are several authors who discuss hate speech in considerations of freedom of speech. Despite strong objections I trust that society is obligated to protect its citizens and prevent any harm done in relation to hate speech under freedom of speech law. First, In “Freedom of Speech” David van Mill argues freedom of speech […]

Negative Side-Effects of Free Speech

Since the beginning of our country, one of our founding principles has been the right to express yourself through speech, media, or any other means of communication. For a long time those that founded our country were under the control of the British, and the lack of freedom to do and say what was on your mind was very constrained. With the American Revolution, we fought for the right to convey our beliefs without fear of another governing force taking […]

What is Freedom of Speech

Freedom of speech is the right of ones' right to express and communicate their ideas, opinion, and beliefs. As a result, nobody should fear being reprimanded, punished, or expurgated by society and perhaps the government at large. In most cases, it is done to attract mass attention from the community. It is entirely synonymous to seeking freedom of denied privileges such as an inappropriate distribution of public resources and side-lining of the minority among others. It is a universal right […]

Freedom of Speech in the United States

Freedom of speech has been protected in The United States by the First Amendment since 1791. For over 100 years, this right, though symbolically important, has sat dormant. However today, freedom of speech has been in the headlines due to its involvement in controversial topics surrounding the media, political correctness, and “hate speech”. Hateful beliefs and intolerance towards those with different characteristics exist throughout society and results in an environment of hate. Americans now have a hard choice to make […]

Internet Censorship Laws in Saudi Arabia

"The thought of not being able to express oneself through the internet without repercussions might seem implausible; however, it is an ongoing problem in countries like Saudi Arabia. Currently, Saudi Arabia holds a score of 73 out of 100 for its Internet Freedom Score, which sets it as “not free” (“Saudi Arabia Internet Score”). Citizens are prohibited from visiting and accessing many parts of the web due to governmental restrictions based on immoral and “radically” opinionated content. This limits their […]

On Freedom of Speech and Expression

Privacy is an essential right that every citizen of the United States is granted. Under the first amendment of the constitution rights such as freedom of press, speech, and privacy are protected. The first amendment separates the United States’ constitution from many other countries for a simple reason, the freedom of speech and expression. Freedom of speech and expression is the right to speak freely without fear of repercussion from the government simply because it doesn’t like the content of […]

Freedom of Speech Today

The citizens of the United States of America exercise their First Amendment right, freedom of speech in their day to day lives. Being able to voice their opinion and speak up for what they believe in is what gives our country its degree of autonomy. Having the freedom of speech is a blissful thing that people in other countries long for; such lack of censorship. Despite this freedom, it is not a free for all and has to be regulated […]

On Freedom of Speech in School

What is personal liberty? Liberty is being free to do whatever the individual may want to do without restrictions. This can include things such as freedom of speech and freedom of religion and the freedom to bear arms. Anyone living in the United States are actually guaranteed these rights, right from birth. We also live in a society where these rights are given, but are also restricted or limited to a certain extent. We live in a country where anything […]

First Amendment Freedom of Speech

The 2017 Berkeley protests organized by different groups including By Any Means Necessary (BAMN) were an abject violation of the freedom of speech as outlined in the First Amendment of the American constitution. The protests successfully stopped a speech by Milo Yiannopoulos, a controversial Breitbart editor and a self-declared Trump supporter. The protests turned violent and led to the destruction of the property thus posing significant harm to the society. In defending the protests, Yvette Felarca, BAMN’s spokesperson argued that […]

News and Democracy in Different Media Systems

Many decades ago, Siebert, Peterson, and Schramm (1959) posed a question related to the concepts of the press and its role in society, “Why is the press as it is? Why does it apparently serve different purposes and appear in widely different forms in different countries?” The answers to these questions led the authors to present the Authoritarian, the Soviet communist, the Libertarian, and the Social Responsibility models, which explain what the press should be and do in different countries. […]

Hatred under the Freedom of Speech

There is a thin line between an open expression of plain hatred and the expression of opinion. It is safe to assume that every person at some point of his or her life, either witnessed or experienced a bias from bigots based on race, nationality, sex, or other characteristics. People interpret “hate speech” differently; some compare it to the crime; others see it as practicing the First Amendment. Both groups can bring a lot of arguments to support their point […]

Gender Identity and Freedom of Speech

The views of professor of psychology, Jordan Peterson at the University of Toronto on the issue of gender identity and his beliefs, position and refusal to use gender-neutral pronouns has sparked debates. The arguments by the professor have arisen a lot of objective and subjective intuition on his stand that his freedom of speech and need to become politically correct cannot determine by use of pronouns. Discussions are presented in different articles by Ellen Brait, a staff reporter for the […]

Pros and Cons of Freedom of Speech

Freedom of speech stands tall in the vast expanse of human rights, often seen as the mighty guardian of democracy. Imagine a world where voices are muzzled, opinions censored, and thoughts shackled. Sounds dystopian, right? But pivot the lens and consider the flip side: a world where every whisper is amplified, hate finds as much space as love, and cacophony reigns. This is the double-edged nature of free speech. As we unravel this complex tapestry, we'll delve into the undeniably […]

Freedom of Speech Boundaries: Exploring Prior Restraint from a Free Speech Perspective

Freedom of speech, enshrined in countless legal traditions, remains a fundamental human right recognized globally. However, like all rights, it faces certain limitations, particularly when governments or legal bodies attempt to curb speech before it is expressed—a concept legally known as "prior restraint." This term, seemingly benign in its legalese, carries profound implications for the dynamics of free expression and the dissemination of information. At its core, prior restraint refers to government actions that prevent communication before it takes place. […]

Hate Speech Debate and Discussion

In the wake of technological advancement immorality in college campus have increased. For instance, parents are sending their girls in all-girls boarding schools, and they are coming home emotionally traumatized and with low self-esteem because of sexual abuse by the older same sex. Indeed, sexual harassment and discrimination have increased in schools which are stimulating hatred and school dropouts following the progress of technology in the community. Although the immoralities are punishable and illegal in the country, they have continually […]

1st Amendment and Congress

David Thuita I Amendment "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." The beginning of the second amendment finds its root in Athens, Greece during the 400s B.C., where free men were allowed to freely speak. Athen theaters, writings, and educational institutions all […]

Question of Womens Educational Rights

What if you were not allowed to have a voice and share what you think just because of your gender? How would that make you feel? Well, this is a common thing that happens in our country and across the world. That is why I am focusing on Women's Rights as my Exhibition topic. I want this to stop. Our class Central Idea is, "Global opportunities may create conflict between people and other living things." Our groups Central Idea had […]

Modern Day Censorship: Syria

How much do we value our freedom of speech as citizens of the United States of America? Would you risk your life to report news that might make an impact in the lives of many? Many countries around the world maintain very strict guidelines in what can be reported and broadcasted. In many countries this amount of strict censorship could even lead to you getting either tortured or killed. One modern day censored country would be the Middle Eastern country […]

Defining Censorship

Censorship is the restriction of speech, communication or other information. Censorship affects our society in different ways. Censorship is usually determined by the government or a private foundation. It influences the music we tune in to, news articles, films, and the books we read. Censorship is a widely debated topic, and can be either harmful or protective to a society. It is possible to argue that censorship has no place in a nation that focuses on freedom of expression, because […]

What does the Constitution Mean to Me? a Deep Dive into its Complex Tapestry

The Constitution - those words etched upon the pages of history, a beacon of governance transcending time and guiding nations. In my contemplation, I invite you to delve into the intricate corridors of this foundational document. Throughout this journey, we'll ponder its nuances and decipher the threads of thought it weaves across the tapestry of our society. As I traverse its provisions, I invite you to join me in solving the echoes of the Constitution's wisdom, as its words, like […]

A Comparison of Free Speech and Hate Speech in France, Citing Charlie Hebdo Shootings as the Biggest Threat to Free Speech this Year

The line between free speech and hate speech is constantly debated. When does one cross the line from expressing an opinion to openly encouraging hatred of a group? Ridiculing a belief system is protected under free speech, as long as one is not inciting hate or violence against the followers of that belief system. Free speech exists to allow us to openly express our beliefs and argue with others about theirs. France has, for a long time, separated church and […]

The Need for the Restrictions of Hate Speech in America

Recently, the Westboro Baptist Church has been quite often in the headlines. The Anti-Defamation League's website calls the church "a small virulently homophobic, anti-Semitic hate group" based in Topeka, Kansas ("About WBC"). Since 2005, Westboro has often picketed the funerals of homosexual soldiers with signs that say "God Hates Fags" or "Thank God for Dead Soldiers" ("Pickets inspire legislation and legal action"). This behavior is offensive to the grieving families, and many states have tried to enact legislation that limits […]

Countries that Ban Same-sex Intercourse is this a Violation of International Law?

Is against the law to murder a person based up on their sexual preference? Would you take away a Civil Liberty? This But is a question you should pounder as you read my paper. But we are going to look at the international aspect. There are many countries where same-sex intercourse and or marriage is against the law. Imagine this being your reality. Having to hide from your family and friend and pretend to be someone else. You wonder should […]

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How To Write an Essay About Freedom Of Speech

Understanding the concept of freedom of speech.

Before you start writing an essay about freedom of speech, it is important to understand what the concept entails. Freedom of speech, often considered a fundamental human right, is the ability to express one's opinions and ideas without fear of government retaliation or censorship. Begin your essay by defining freedom of speech and its importance in a democratic society. You might also want to explore its historical origins, how it has evolved over time, and how it is implemented in different countries. This foundational understanding sets the stage for a more in-depth exploration of the topic.

Developing a Thesis Statement

A compelling essay on freedom of speech should have a clear and concise thesis statement. This statement should present your unique perspective or argument about freedom of speech. For instance, you might argue that freedom of speech is essential for democracy, or that there should be limitations to freedom of speech to prevent hate speech and misinformation. Your thesis will guide the direction of your essay and provide a central argument for your readers to consider.

Gathering Supporting Evidence

To support your thesis, gather relevant evidence and examples. This might include legal cases, historical examples, current events, or academic research. For example, if you are discussing the limitations of freedom of speech, you might examine specific legal cases that demonstrate the consequences of unchecked speech. This evidence is crucial as it backs up your argument and provides a solid foundation for your essay.

Analyzing Different Perspectives

An essay about freedom of speech should also consider different perspectives and counterarguments. This could include examining arguments for and against limitations on speech, such as national security concerns, hate speech laws, or the right to protest. Discussing these different viewpoints shows a comprehensive understanding of the topic and can strengthen your argument by demonstrating that you have considered various angles.

Concluding Your Essay

Your conclusion should summarize the main points of your essay and restate your thesis in light of the evidence and discussion provided. It's an opportunity to emphasize the importance of freedom of speech and its impact on society. You might also want to highlight any areas where further research or discussion is needed, or the potential future challenges to freedom of speech.

Final Review and Editing

After writing your essay, review and edit it for clarity, coherence, and accuracy. Ensure that your arguments are well-structured and supported by evidence. Pay attention to grammar and syntax to ensure your writing is clear and professional. Seeking feedback from others can also provide new insights and help polish your essay. A well-written essay on freedom of speech not only reflects your understanding of the topic but also your ability to engage critically with complex societal issues.

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Freedom Essay for Students and Children

500+ words essay on freedom.

Freedom is something that everybody has heard of but if you ask for its meaning then everyone will give you different meaning. This is so because everyone has a different opinion about freedom. For some freedom means the freedom of going anywhere they like, for some it means to speak up form themselves, and for some, it is liberty of doing anything they like.

Meaning of Freedom

The real meaning of freedom according to books is. Freedom refers to a state of independence where you can do what you like without any restriction by anyone. Moreover, freedom can be called a state of mind where you have the right and freedom of doing what you can think off. Also, you can feel freedom from within.

The Indian Freedom

Indian is a country which was earlier ruled by Britisher and to get rid of these rulers India fight back and earn their freedom. But during this long fight, many people lost their lives and because of the sacrifice of those people and every citizen of the country, India is a free country and the world largest democracy in the world.

Moreover, after independence India become one of those countries who give his citizen some freedom right without and restrictions.

The Indian Freedom Right

India drafted a constitution during the days of struggle with the Britishers and after independence it became applicable. In this constitution, the Indian citizen was given several fundaments right which is applicable to all citizen equally. More importantly, these right are the freedom that the constitution has given to every citizen.

These right are right to equality, right to freedom, right against exploitation, right to freedom of religion¸ culture and educational right, right to constitutional remedies, right to education. All these right give every freedom that they can’t get in any other country.

Value of Freedom

The real value of anything can only be understood by those who have earned it or who have sacrificed their lives for it. Freedom also means liberalization from oppression. It also means the freedom from racism, from harm, from the opposition, from discrimination and many more things.

Get the huge list of more than 500 Essay Topics and Ideas

Freedom does not mean that you violate others right, it does not mean that you disregard other rights. Moreover, freedom means enchanting the beauty of nature and the environment around us.

The Freedom of Speech

Freedom of speech is the most common and prominent right that every citizen enjoy. Also, it is important because it is essential for the all-over development of the country.

Moreover, it gives way to open debates that helps in the discussion of thought and ideas that are essential for the growth of society.

Besides, this is the only right that links with all the other rights closely. More importantly, it is essential to express one’s view of his/her view about society and other things.

To conclude, we can say that Freedom is not what we think it is. It is a psychological concept everyone has different views on. Similarly, it has a different value for different people. But freedom links with happiness in a broadway.

FAQs on Freedom

Q.1 What is the true meaning of freedom? A.1 Freedom truly means giving equal opportunity to everyone for liberty and pursuit of happiness.

Q.2 What is freedom of expression means? A.2 Freedom of expression means the freedom to express one’s own ideas and opinions through the medium of writing, speech, and other forms of communication without causing any harm to someone’s reputation.

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267 Freedom Essay Topics & Examples

Need freedom topics for an essay or research paper? Don’t know how to start writing your essay? The concept of freedom is very exciting and worth studying!

📃 Freedom Essay: How to Start Writing

📝 how to write a freedom essay: useful tips, 🏆 freedom essay examples & topic ideas, 🥇 most interesting freedom topics to write about, 🎓 simple topics about freedom, 📌 writing prompts on freedom, 🔎 good research topics about freedom, ❓ research questions about freedom.

The field of study includes personal freedom, freedom of the press, speech, expression, and much more. In this article, we’ve collected a list of great writing ideas and topics about freedom, as well as freedom essay examples and writing tips.

Freedom essays are common essay assignments that discuss acute topics of today’s global society. However, many students find it difficult to choose the right topic for their essay on freedom or do not know how to write the paper.

We have developed some useful tips for writing an excellent paper. But first, you need to choose a good essay topic. Below are some examples of freedom essay topics.

Freedom Essay Topics

• American (Indian, Taiwanese, Scottish) independence
• Freedom and homelessness essay
• The true value of freedom in modern society
• How slavery affects personal freedom
• The problem of human rights and freedoms
• American citizens’ rights and freedoms
• The benefits and disadvantages of unlimited freedom
• The changing definition of freedom

Once you have selected the issue you want to discuss (feel free to get inspiration from the ones we have suggested!), you can start working on your essay. Here are 10 useful tips for writing an outstanding paper:

• Remember that freedom essay titles should state the question you want to discuss clearly. Do not choose a vague and non-descriptive title for your paper.
• Work on the outline of your paper before writing it. Think of what sections you should include and what arguments you want to present. Remember that the essay should be well organized to keep the reader interested. For a short essay, you can include an introduction, three body paragraphs, and a conclusion.
• Do preliminary research. Ask your professor about the sources you can use (for example, course books, peer-reviewed articles, and governmental websites). Avoid using Wikipedia and other similar sources, as they often have unverified information.
• A freedom essay introduction is a significant part of your paper. It outlines the questions you want to discuss in the essay and helps the reader understand your work’s purpose. Remember to state the thesis of your essay at the end of this section.
• A paper on freedom allows you to be personal. It should not focus on the definition of this concept. Make your essay unique by including your perspective on the issue, discussing your experience, and finding examples from your life.
• At the same time, help your reader to understand what freedom is from the perspective of your essay. Include a clear explanation or a definition with examples.
• Check out freedom essay examples online to develop a structure for your paper, analyze the relevance of the topics you want to discuss and find possible freedom essay ideas. Avoid copying the works you will find online.
• Support your claims with evidence. For instance, you can cite the Bill of Rights or the United States Constitution. Make sure that the sources you use are reliable.
• To make your essay outstanding, make sure that you use correct grammar. Grammatical mistakes may make your paper look unprofessional or unreliable. Restructure a sentence if you think that it does not sound right. Check your paper several times before sending it to your professor.
• A short concluding paragraph is a must. Include the summary of all arguments presented in the paper and rephrase the main findings.

Do not forget to find a free sample in our collection and get the best ideas for your essay!

• Freedom of Expression Essay For one to be in a position to gauge the eventuality of a gain or a loss, then there should be absolute freedom of expression on all matters irrespective of the nature of the sentiments […]
• Philosophy and Relationship between Freedom and Responsibility Essay As a human being, it is hard to make a decision because of the uncertainty of the outcome, but it is definitely essential for human being to understand clearly the concept and connection between freedom […]
• Freedom of Speech in Social Media Essay Gelber tries to say that the history of the freedom of speech in Australia consists of the periods of the increasing public debates on the issue of human rights and their protection.
• Freedom Writers: Promoting Good Moral Values The movie portrays a strong and civilized view of the world; it encourages development and use of positive moral values by people in making the world a better place.
• Rio (2011) and the Issue of Freedom As a matter of fact, this is the only scene where Blu, Jewel, Linda, Tulio, and the smugglers are present at the same time without being aware of each other’s presence.
• Human Will & Freedom and Moral Responsibility Their understanding of the definition of human will is based on the debate as to whether the will free or determined.
• Freedom and equality According to Liliuokalani of Hawaii, the conquest contravened the basic rights and freedoms of the natives and their constitution by undermining the power of their local leaders.
• Freedom and Determinism On the other hand, determinism theory explains that there is an order that leads to occurrences of events in the world and in the universe.
• Human Freedom in Relation to Society Human freedom has to do with the freedom of one’s will, which is the freedom of man to choose and act by following his path through life freely by exercising his ‘freedom’).
• The Efforts and Activities of the Paparazzi are Protected by the Freedom of the Press Clause of the Constitution The First Amendment of the American constitution protects the paparazzi individually as American citizens through the protection of their freedom of speech and expression and professionally through the freedom of the press clause.
• “Long Walk to Freedom” by Nelson Mandela In the fast developing world, advances and progress move countries and nations forward but at the same time, some things are left behind and become a burden for the people and evolution to better life […]
• Freedom in Henrik Ibsen’s “A Doll’s House” Literature Analysis In Henrik Ibsen’s A Doll’s House, the main character, Nora is not an intellectual, and spends no time scouring books or libraries or trying to make sense of her situation.
• Jean-Paul Sartre’s Views on Freedom For example, to Sartre, a prisoner of war is free, existentially, but this freedom does not exist in the physical realm.
• Rousseau and Kant on their respective accounts of freedom and right The difference in the approaches assumed by Kant and Rousseau regarding the norms of liberty and moral autonomy determine the perspective of their theories of justice.
• “Gladiator” by Ridley Scott: Freedom and Affection This desire to be free becomes the main motive of the film, as the plot follows Maximus, now enslaved, who tries to avenge his family and the emperor and regain his liberty.
• Four Freedoms by President Roosevelt Throughout the discussion we shall elaborate the four freedoms in a broader way for better understating; we shall also describe the several measures that were put in place in order to ensure the four freedoms […]
• Fighting for the Right to Choose: Students Should Have the Freedom to Pick the Courses They Want Consequently, students should be allowed to pick the subjects which they are going to study together with the main one. Thus, students should be allowed to choose the subjects they need in accordance with their […]
• 70’s Fashion as a Freedom of Choice However, with the end of the Vietnam War, the public and the media lost interest in the hippie style in the middle of the decade, and began to lean toward the mod subculture. The 70’s […]
• Personal Freedom in A Doll’s House, A Room of One’s Own, and Diary of a Madman In Chapter Three of Virginia Woolf’s A Room of One’s Own, the protagonist attempts to make sense of the nonsensical elements of female history, namely, how it could be that “in Athena’s city, where women […]
• Freedom and the Role of Civilization The achievements demonstrated by Marx and Freud play a significant role in the field of sociology and philosophy indeed; Marx believed in the power of labor and recognized the individual as an integral part of […]
• Women and Freedom in “The Story of an Hour” by Kate Chopin She is best known for her recurrent theme on the status of women in societal affairs, the challenges and problems facing them as well as repression and gender bias.”The story of an hour” is rhetorically […]
• Freedom in Antebellum America: Civil War and Abolishment of Slavery The American Civil War, which led to the abolishment of slavery, was one of the most important events in the history of the United States.
• Satre human freedom Sartre continues to explain that freedom is the central factor in human beings and it is permanently connected to the “for-itself” or consciousness. In the end, Sartre’s definition of freedom is that it is the […]
• Personal Understanding of Freedom Freedom is essential for individual growth and development, and it helps individuals to make informed decisions that are in alignment with their values and beliefs.
• Chapters 4-6 of ”From Slavery to Freedom” by Franklin & Higginbotham At the same time, the portion of American-born slaves was on the increase and contributed to the multiracial nature of the population.
• Freedom of Speech in China and Political Reform Although the constitution of China has the provision of the freedom of speech, association, press and even demonstration, the freedom is not there in reality since the constitution forbids the undertaking of anything that is […]
• Review of “Mandela: Long Walk to Freedom” From the youth, Mandela started to handle the unfairness of isolation and racial relations in South Africa. In Mandela: Long Walk to Freedom, Chadwick’s masterful screen memoir of Nelson Mandela passes on the anguish as […]
• Is the Good Life Found in Freedom? Example of Malala Yousafzai The story of Malala has shown that freedom is crucial for personal happiness and the ability to live a good life.
• Art and Freedom. History and Relationship The implication of this term is that genus art is composed of two species, the fine arts, and the useful arts. This, according to Cavell, is the beauty of art.
• Power and Freedom in America Although it is already a given that freedom just like the concept love is not easy to define and the quest to define it can be exhaustive but at the end of the day what […]
• Mandela’s Leadership: Long Walk to Freedom The current paper analyses the effectiveness of leadership with reference to Nelson Mandela, the late former president of South Africa, as depicted in the movie, Mandela: Long Walk to Freedom.
• Social Values: Freedom and Justice It is evident that freedom and justice are mutually exclusive, as “the theory of justice signifies its implications in regards to freedom as a key ingredient to happiness”.
• Freedom of Expression in the Classroom The NEA Code of Ethics establishes a link between this Freedom and a teacher’s responsibilities by requiring instructors to encourage “independent activity in the pursuit of learning,” provide “access to diverse points of view,” and […]
• Protecting Freedom of Expression on the Campus An annotated version of “Protecting Freedom of Expression on the Campus” by Derek Bok in The Boston Globe.*and these stars are where I have a question or opinion on a statement* For several years, universities […]
• Freedom, Equality & Solidarity by Lucy Parsons In the lecture and article ‘The Principles of Anarchism’ she outlines her vision of Anarchy as the answer to the labor question and how powerful governments and companies worked for hand in hand to stifle […]
• Human Freedom: Liberalism vs Anarchism It is impoverished because liberals have failed to show the connection between their policies and the values of the community. More fundamentally, however, a policy formulated in such a way that it is disconnected from […]
• Voices of Freedom The history of the country is made up of debates, disagreements and struggles for freedom that have seen the Civil War, and the Cold War which have changed the idea of freedom in the US.
• The meaning of freedom today In order to come up with an agreeable and logical definition of freedom as it is in the contemporary society, people have critically analyzed the input of these philosophers and their definition of freedom in […]
• Concept of Individual Freedom Rousseau and Mill were political philosophers with interest in understanding what entailed individual freedom. This paper compares Rousseau’s idea of individual freedom with Mill’s idea.
• Predetermination and Freedom of Choice We assume that every happens because of a specific reason and that the effects of that event can be traced back to the cause.
• Freedom and Social Justice Through Technology These two remarkable minds have made significant contributions to the debates on technology and how it relates to liberty and social justice.
• Balancing Freedom of Speech and Responsibility in Online Commenting The article made me perceive the position of absolute freedom of speech in the Internet media from a dual perspective. This desire for quick attention is the creation of information noise, distracting from the user […]
• The Effect of Emotional Freedom Techniques on Nurses’ Stress The objectives for each of the three criteria are clearly stated, with the author explaining the aims to the reader well throughout the content in the article’s title, abstract, and introduction.
• The Freedom Summer Project and Black Studies The purpose of this essay is to discuss to which degree the story of the Freedom Summer project illustrates the concepts of politics outlined in Karenga’s book Introduction to black studies.
• Democracy: The Influence of Freedom Democracy is the basis of the political systems of the modern civilized world. Accordingly, the democracy of Athens was direct that is, without the choice of representatives, in contrast to how it is generated nowadays.
• Freedom of Speech as a Basic Human Right Restricting or penalizing freedom of expression is thus a negative issue because it confines the population of truth, as well as rationality, questioning, and the ability of people to think independently and express their thoughts.
• Kantian Ethics and Causal Law for Freedom The theory’s main features are autonomy of the will, categorical imperative, rational beings and thinking capacity, and human dignity. The theory emphasizes not on the actions and the doers but the consequences of their effects […]
• Principles in M. L. King’s Quest for African American Freedom The concept of a nonviolent approach to the struggles for African American freedom was a key strategy in King’s quest for the liberation of his communities from racial and social oppressions.
• Technology Revolutionizing Ethical Aspects of Academic Freedom As part of the solution, the trends in technology are proposed as a potential solution that can provide the necessary support to improve the freedom of expression as one of the ethical issues that affect […]
• The Journey Freedom Tour 2022 Performance Analysis Arnel Pineda at age 55 keeps rocking and hitting the high notes and bringing the entire band very successfully all through their live concert tour.
• Freedom of Speech and Propaganda in School Setting One of the practical solutions to the problem is the development and implementation of a comprehensive policy for balanced free speech in the classroom.
• Twitter and Violations of Freedom of Speech and Censorship The sort of organization that examines restrictions and the opportunities and challenges it encounters in doing so is the center of a widely acknowledged way of thinking about whether it is acceptable to restrict speech.
• Freedom of the Press and National Security Similarly, it concerns the freedom of the press of the media, which are protected in the United States of America by the First Amendment.
• The Views on the Freedom from Fear in the Historical Perspective In this text, fear is considered in the classical sense, corresponding to the interpretation of psychology, that is, as a manifestation of acute anxiety for the inviolability of one’s life.
• Freedom of Speech in Social Networks The recent case of blocking the accounts of former US President Donald Trump on Twitter and Facebook is explained by the violation of the rules and conditions of social platforms.
• Emotion and Freedom in 20th-Century Feminist Literature The author notes that the second layer of the story can be found in the antagonism between the “narrator, author, and the unreliable protagonist”.
• Analysis of UK’s Freedom of Information Act 2000 To preserve potentially disruptive data that must not be released to the public, the FOIA integrates several provisions that allow the officials to decline the request for information without suffering possible consequences.
• Fight for Freedom, Love Has No Labels, and Ad Council: Key Statement The most important part of the message, to me, is the fact that the freedoms mentioned in the PSA are not available to every American citizen, despite America being the land of freedom.
• Teachers’ Freedom of Speech in Learning Institutions The judiciary system has not clearly defined the limits of the First Amendment in learning institutions, and it’s a public concern, especially from the teachers.
• Is There Press Freedom in Modern China? There is a large body of literature in the field of freedom of the press investigations, media freedom in China, and press freedom and human rights studies.
• Freedom of the Press in the Context of UAE It gives the people the ability to understand the insight of the government and other crucial activities happening within the country.
• Freedom of the Press in the United Arab Emirates (UAE) According to oztunc & Pierre, the UAE is ranked 119 in the global press freedom data, classifying the country as one of the most suppressive regarding the liberty of expression.
• Mill’s Thesis on the Individual Freedom The sphere of personal freedom is an area of human life that relates to the individual directly. The principle of state intervention is that individuals, separately or collectively, may have the right to interfere in […]
• Privacy and Freedom of Speech of Companies and Consumers At the same time, in Europe, personal data may be collected following the law and only with the consent of the individuals.
• Expansion of Freedom and Slavery in British America The settlement in the city of New Plymouth was founded by the second, and it laid the foundation for the colonies of New England.
• Power, Property, and Freedom: Bitcoin Discourse In the modern world, all people have the right to freedom and property, but not all have the power to decide who may have this freedom and property.
• Religious Freedom Policy Evaluation Ahmed et al.claim that the creation of the ecosystem can facilitate the change as the members of the community share their experiences and learn how to respond to various situations.
• The Concepts of Freedom and the Great Depression Furthermore, blacks were elected to construct the constitution, and black delegates fought for the rights of freedpeople and all Americans. African-Americans gained the freedom to vote, work, and be elected to government offices during Black […]
• Freedom of Choices for Women in Marriage in “The Story of an Hour” The story describes the sentiments and feelings of Louisa Mallard when she learns the news about her husband. The readers can see the sudden reaction of the person to the demise of her significant other.
• Freedom of Speech in Shouting Fire: Stories From the Edge of Free Speech Even though the First Amendment explicitly prohibits any laws regarding the freedom of speech, Congress continues to make exceptions from it.
• Personal Freedom: The Importance in Modern Society To show my family and friends how important they are to me, I try contacting them more often in the way they prefer.
• Economic Freedom and Its Recent Statements Economic freedom is an important indicator and benchmark for the level of income of companies or individual citizens of a country.
• The Freedom Concept in Plato’s “Republic” This situation shows that the concept of democracy and the freedom that correlates with it refers to a flawed narrative that liberty is the same as equality.
• Freedom of Speech as the Most Appreciated Liberty In the present-day world, the progress of society largely depends on the possibility for people to exercise their fundamental rights. From this perspective, freedom of speech is the key to everyone’s well-being, and, in my […]
• The Wealth of Networks: How Social Production Transforms Markets and Freedom In the introductory part of the book, the author discusses his main theses concerning the link between the development of networks and shifts in the economy and society.
• Freedom of Association for Radical Organizations This assertion is the primary and fundamental argument in the debate on this topic – radical groups should not use freedom of association to harm other people potentially.
• Freedom of Expression on the Internet Randall describes the challenges regarding the freedom of speech raised by the Internet, such as anonymity and poor adaptation of mass communication to the cyber environment.
• Black Sexual Freedom and Manhood in “For Colored Girls” Movie Despite the representation of Black sexual freedoms in men and women and Black manhood as a current social achievement, For Colored Girls shows the realities of inequality and injustice, proving womanism’s importance in America.
• Frederick Douglass’s My Bondage and My Freedom Review He criticizes that in spite of the perceived knowledge he was getting as a slave, this very light in the form of knowledge “had penetrated the moral dungeon”.
• The Essence of Freedom of Contract The legal roots of the notion of freedom of contract are manifested in the ideals of liberalism and theoretical capitalism, where the former values individual freedom and the latter values marker efficiency and effectiveness.
• Why Defamation Laws Must Prioritize Freedom of Speech The body of the essay will involve providing information on the nature of defamation laws in the USA and the UK, the implementation of such laws in the two countries, and the reason why the […]
• Pettit’s Conception of Freedom as Anti-Power According to Savery and Haugaard, the main idea that Pettit highlights in this theory is the notion that the contrary to freedom is never interference as many people claim, but it is slavery and the […]
• Domination in the Discussion of Freedom For this reason, the principle of anti-power should be considered as the position that will provide a better understanding of the needs of the target population and the desirable foreign policy to be chosen.
• Freedom or Security: Homeland Issues In many ways, the author sheds light on the overreactions or inadequate responses of the US government, which led to such catastrophes as 9/11 or the war in Iraq.
• War on Terror: Propaganda and Freedom of the Press in the US There was the launching of the “Center for Media and Democracy”, CMD, in the year 1993 in order to create what was the only public interest at that period. There was expansive use of propaganda […]
• The Freedom of Expression and the Freedom of Press It is evident that the evolution of standards that the court has adopted to evaluate the freedom of expression leaves a lot to be desired. The court has attempted to define the role of the […]
• Information and Communication Technology & Economic Freedom in Islamic Middle Eastern Countries This is a unique article as it gives importance to the role ecommerce plays in the life of the educationists and students and urges that the administrators are given training to handle their students in […]
• The Path to Freedom of Black People During the Antebellum Period In conclusion, the life of free blacks in 19th century America was riddled with hindrances that were meant to keep them at the bottom of society.
• Civil Rights Movement: Fights for Freedom The Civil Rights Movement introduced the concept of black and white unification in the face of inequality. Music-related to justice and equality became the soundtrack of the social and cultural revolution taking place during the […]
• Voices of Freedom: Lincoln, M. L. King, Kirkaldy He was named after his grandfather Abraham Lincoln, the one man that was popular for owning wide tracks of land and a great farmer of the time.
• Freedom: Malcolm X’s vs. Anna Quindlen’s Views However, in reality, we only have the freedom to think whatever we like, and only as long as we know that this freedom is restricted to thought only.
• Net Neutrality: Freedom of Internet Access In the principle of Net neutrality, every entity is entitled access and interaction with other internet users at the same cost of access.
• The Golden Age of Youth and Freedom However, it is interesting to compare it to the story which took place at the dawn of the cultural and sexual revolution in Chinese society.
• Academic Freedom: A Refuge of Intellectual Individualism Also known as intellectual, scientific or individual freedom, academic freedom is defined as the freedom of professionals and students to question and to propose new thoughts and unpopular suggestions to the government without jeopardizing their […]
• The Literature From Slavery to Freedom Its main theme is slavery but it also exhibits other themes like the fight by Afro-Americans for freedom, the search for the identity of black Americans and the appreciation of the uniqueness of African American […]
• John Stuart Mill on Freedom in Today’s Perspective The basic concept behind this rose because it was frustrating in many cases in the context of the penal system and legislation and it was viewed that anything less than a capital punishment would not […]
• Conformity Versus Freedom at University To the author, this is objectionable on the grounds that such a regimen infringes on the freedom of young adults and that there is much to learn outside the classroom that is invaluable later in […]
• US Citizens and Freedom As an example of freedom and obtaining freedom in the US, the best possible subject would be the Civil Rights Movement of the 1960s, particularly during 1963-64, as this would serve as the conceptual and […]
• Value of Copyright Protection in Relation to Freedom of Speech The phrase, freedom of expression is often used to mean the acts of seeking, getting, and transfer of information and ideas in addition to verbal speech regardless of the model used. It is therefore important […]
• Social Factors in the US History: Respect for Human Rights, Racial Equality, and Religious Freedom The very first years of the existence of the country were marked by the initiatives of people to provide as much freedom in all aspects of social life as possible.
• Freedom of Speech and the Internet On the one hand, the freedom of expression on the internet allowed the general public to be informed about the true nature of the certain events, regardless of geographical locations and restrictions.
• Freedom Definition Revision: Components of Freedom That which creates, sustains, and maintains life in harmony with the natural cycles of this planet, doing no harm to the ecology or people of the Earth- is right.
• Freedom of Information Act in the US History According to the legislation of the United States, official authorities are obliged to disclose information, which is under control of the US government, if it is requested by the public.
• Media Freedom in the Olympic Era The Chinese government is heavily involved in the affairs of the media of that country. In the past, it was the responsibility of government to fund media houses however; today that funding is crapped off.
• Managing the Internet-Balancing Freedom and Regulations The explosive growth in the usage of Internet forms the basis of new digital age. Aim of the paper is to explore the general role of internet and its relationship with the society.
• Ways Liberals Define Freedom Liberals are identified by the way they value the freedom of individuals, freedom of markets, and democratic freedoms. The term freedom is characterized by Liberals as they use it within the context of the relationship […]
• Balance of Media Censorship and Press Freedom Government censorship means the prevention of the circulation of information already produced by the official government There are justifications for the suppression of communication such as fear that it will harm individuals in the society […]
• Boredom and Freedom: Different Views and Links Boredom is a condition characterized by low levels of arousal as well as wandering attention and is normally a result of the regular performance of monotonous routines.
• The Idea of American Freedom Such implications were made by the anti-slavery group on each occasion that the issue of slavery was drawn in the Congress, and reverberated wherever the institution of slavery was subjected to attack within the South.
• Liberal Definition of Freedom Its origins lie in the rejection of the authoritarian structures of the feudalistic order in Europe and the coercive tendencies and effects of that order through the imposition of moral absolutes.
• Newt Gingrich Against Freedom of Speech According to the constitution, the First Amendment is part of the United States Bill of rights that was put in place due to the advocation of the anti-federalists who wanted the powers of the federal […]
• Freedom is One of the Most Valuable Things to Man Political philosophers have many theories in response to this and it is necessary to analyze some of the main arguments and concepts to get a clearer idea of how to be more precise about the […]
• The Enlightment: The Science of Freedom In America, enlightment resulted to the formation of the American Revolution in the form of resistance of Britain imperialism. In the United States of America, enlightment took a more significant form as demonstrated by the […]
• Determinism and Freedom in the movie ‘Donnie Darko’ The term determinism states, the all the processes in the world are determined beforehand, and only chosen may see or determine the future.
• Spinoza’ Thoughts on Human Freedom The human being was once considered of as the Great Amphibian, or the one who can exclusively live in the two worlds, a creature of the physical world and also an inhabitant of the spiritual, […]
• Political Freedom According to Machiavelli and Locke In this chapter, he explains that “It may be answered that one should wish to be both, but, because it is difficult to unite them in one person, is much safer to be feared than […]
• Freedom From Domination: German Scientists’ View He made the greatest ever attempt to unify the country, as Western Europe was divided into lots of feudal courts, and the unification of Germany led to the creation of single national mentality and appearing […]
• The Freedom of Speech: Communication Law in US By focusing on the on goings in Guatemala, the NYT may have, no doubt earned the ire of the Bush administration, but it is also necessary that the American people are made aware of the […]
• Freedom of Speech and Expression in Music Musicians are responsible and accountable for fans and their actions because in the modern world music and lyrics become a tool of propaganda that has a great impact on the circulation of ideas and social […]
• American Vision and Values of Political Freedom The significance of the individual and the sanctity of life were all central to the conceptions of Plato, Aristotle, or Cicero.
• Democracy and Freedom in Pakistan Pakistan lies in a region that has been a subject of worldwide attention and political tensions since 9/11. US influence in politics, foreign and internal policies of Pakistan has always been prominent.
• Spanish-American War: The Price of Freedom He was also the only person in the history of the United States to have attained the rank of Admiral of the Navy, the most senior rank in the United States Navy.
• Male Dominance as Impeding Female Sexual Freedom Therefore, there is a need to further influence society to respect and protect female sexuality through the production of educative materials on women’s free will.
• Interrelation and Interdependence of Freedom, Responsibility, and Accountability Too much responsibility and too little freedom make a person unhappy. There must be a balance between freedom and responsibility for human happiness.
• African American History: The Struggle for Freedom The history of the Jacksons Rainbow coalition shows the rise of the support of the African American politicians in the Democratic party.
• Franklin D. Roosevelt’s Definition of Freedom The case of Nicola Sacco can be seen as the starting point of the introduction of Roosevelt’s definition of freedom as liberty for all American citizens.
• Freedom of Speech and International Relations The freedom of speech or the freedom of expression is a civil right legally protected by many constitutions, including that of the United States, in the First Amendment.
• Canada in Freedom House Organization’s Rating The Freedom in the World Reports are most notable because of their contribution to the knowledge about the state of civil and political liberties in different countries, ranking them from 1 to 7.
• Philosophy of Freedom in “Ethics” by Spinoza Thus, the mind that is capable of understanding love to God is free because it has the power to control lust.
• Slavery Abolition and Newfound Freedom in the US One of the biggest achievements of Reconstruction was the acquisition of the right to vote by Black People. Still, Black Americans were no longer forced to tolerate inhumane living conditions, the lack of self-autonomy, and […]
• Japanese-American Internment: Illusion of Freedom The purpose of this paper is to analyze the internment of Japanese-Americans in Idaho as well as events that happened prior in order to understand how such a violation of civil rights came to pass […]
• The Existence of Freedom This paper assumes that it is the cognizance of the presence of choices for our actions that validates the existence of free will since, even if some extenuating circumstances and influences can impact what choice […]
• Philosophy, Ethics, Religion, Freedom in Current Events The court solely deals with acts of gross human rights abuses and the signatory countries have a statute that allows the accused leaders to be arrested in the member countries.
• Mill’s Power over Body vs. Foucault’s Freedom John Stuart Mill’s view of sovereignty over the mind and the body focuses on the tendency of human beings to exercise liberalism to fulfill their self-interest.
• Rousseau’s vs. Confucius’ Freedom Concept Similarly, the sovereignty of a distinctive group expresses the wholeness of its free will, but not a part of the group.
• The Importance of Freedom of Speech In a bid to nurture the freedom of speech, the United States provides safety to the ethical considerations of free conversations.
• Slavery and Freedom: The American Paradox Jefferson believed that the landless laborers posed a threat to the nation because they were not independent. He believed that if Englishmen ruled over the world, they would be able to extend the effects of […]
• Freedom in the Workplace of American Society In the workplace, it is vital to implement freedom-oriented policies that would address the needs of each employee for the successful performance of the company which significantly depends on the operation of every participant of […]
• 19th-Century Marxism with Emphasis on Freedom As the paper reveals through various concepts and theories by Marx, it was the responsibility of the socialists and scientists to transform the society through promoting ideologies of class-consciousness and social action as a way […]
• Political Necessity to Safeguard Freedom He determined that the existence of the declared principles on which the fundamental structure of equality is based, as well as the institutions that monitor their observance, is the critical prerequisite for social justice and […]
• Aveo’s Acquisition of Freedom Aged Care Portfolio The mode of acquisition points to the possibility that Freedom used the White Knight defense mechanism when it approached the Aveo group.
• Aveo Group’s Acquisition of Freedom Aged Care Pty Ltd The annual report of AVEO Group indicated that the company acquired Freedom Aged Care based on its net book value. It implies that the Aveo Group is likely to achieve its strategic objectives through the […]
• Freedom Hospital Geriatric Patient Analysis The importance of statistics in clinical research can be explained by a multitude of factors; in clinical management, it is used for monitoring the patients’ conditions, the quality of health care provided, and other indicators.
• Hegel and Marx on Civil Society and Human Freedom First of all, the paper will divide the concepts of freedom and civil society in some of the notions that contribute to their definitions.
• Individual Freedom: Exclusionary Rule The exclusionary rule was first introduced by the US Supreme Court in 1914 in the case of Weeks v.the United States and was meant for the application in the federal courts only, but later it […]
• History of American Conceptions and Practices of Freedom The government institutions and political regimes have been accused of allowing amarginalisation’ to excel in the acquisition and roles assigned to the citizens of the US on the basis of social identities.
• Canada’s Freedom of Speech and Its Ineffectiveness In the developed societies of the modern world, it is one of the major premises that freedom of expression is the pivotal character of liberal democracy.
• Freedom and Liberty in American Historical Documents The 1920s and the 1930s saw particularly ardent debates on these issues since it was the time of the First World War and the development of the American sense of identity at the same time.
• Anglo-American Relations, Freedom and Nationalism Thus, in his reflection on the nature of the interrelations between two powerful empires, which arose at the end of the 19th century, the writer argues that the striving of the British Empire and the […]
• American Student Rights and Freedom of Speech As the speech was rather vulgar for the educational setting, the court decided that the rights of adults in public places cannot be identic to those the students have in school.
• Freedom of Speech in Modern Media At the same time, the bigoted approach to the principles of freedom of speech in the context of the real world, such as killing or silencing journalists, makes the process of promoting the same values […]
• Singapore’s Economic Freedom and People’s Welfare Business freedom is the ability to start, operating and closing a business having in mind the necessary regulations put by the government.
• “Advancing Freedom in Iraq” by Steven Groves The aim of the article is to describe the current situation in Iraq and to persuade the reader in the positive role of the U.S.authorities in the promoting of the democracy in the country.
• Freedom: Definition, Meaning and Threats The existence of freedom in the world has been one of the most controversial topics in the world. As a result, he suggests indirectly that freedom is found in the ability to think rationally.
• Expression on the Internet: Vidding, Copyright and Freedom It can be defined as the practice of creating new videos by combining the elements of already-existing clips. This is one of the reasons why this practice may fall under the category of fair use.
• Doha Debate and Turkey’s Media Freedom He argued that the Turkish model was a work in progress that could be emulated by the Arab countries not only because of the freedom that the government gave to the press, but also the […]
• The Pursuit of Freedom in the 19th Century Britain The ambition to improve one’s life was easily inflated by the upper grade that focused on dominating the system at the expense of the suffering majority.
• The Story of American Freedom The unique nature of the United States traces its history to the formation of political institutions between 1776 and 1789, the American Revolution between 1776 and 1783 and the declaration of independence in 1776. Additionally, […]
• Military Logistics in Operation “Iraqi Freedom” It was also very easy for the planners to identify the right amount of fuel needed for distribution in the farms, unlike other classes of supply which had a lot of challenges. The soldiers lacked […]
• The Freedom of Information Act The Freedom of Information Act is popularly understood to be the representation of “the people’s right to know” the various activities of the government.
• The United States Role in the World Freedom
• Fighting Terrorism: “Iraqi Freedom” and “Enduring Freedom”
• Freedom of Speech: Julian Assange and ‘WikiLeaks’ Case
• Do Urban Environments Promote Freedom?
• Claiming the Freedom to Shape Politics
• US Progress in Freedom, Equality and Power Since Civil War
• Thomas Jefferson’s Views on Freedom of Religion
• Religious Freedom and Labor Law
• Gilded Age and Progressive Era Freedom Challenges
• Philosophical Approach to Freedom and Determinism
• The Life of a Freedom Fighter in Post WWII Palestine
• Fighting for Freedom of American Identity in Literature
• “Human Freedom and the Self” by Roderick Chisholm
• Philosophy of Freedom in “The Apology“
• Philosophy in the Freedom of Will by Harry Frankfurt
• Advertising and Freedom of Speech
• How the Law Limits Academic Freedom?
• The Issue of American Freedom in Toni Morrison’s “Beloved”
• The Jewish Freedom Fighter Recollection
• Kuwait’s Opposition and the Freedom of Expression
• Abraham Lincoln: A Legacy of Freedom
• Freedom of Speech and Expression
• Multicultural Education: Freedom or Oppression
• “The Freedom of the Streets: Work, Citizenship, and Sexuality in a Gilded Age City” by Sharon Wood
• Information Freedom in Government
• Dr.Knightly’s Problems in Academic Freedom
• Mill on Liberty and Freedom
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• Freedom of speech in the Balkans
• “Freedom Riders”: A Documentary Revealing Personal Stories That Reflect Individual Ideology
• Media Freedom in Japan
• Rivalry and Central Planning by Don Lavoie: Study Analysis
• Review of “Freedom Writers”
• Freedom Degree in Colonial America
• What Is ‘Liberal Representative Democracy’ and Does the Model Provide an Appropriate Combination of Freedom and Equality?
• Is the Contemporary City a Space of Control or Freedom?
• Native Americans Transition From Freedom to Isolation
• “The Weight of the Word” by Chris Berg
• What Does Freedom Entail in the US?

✍️ Freedom Essay Topics for College

• Leila Khaled: Freedom Fighter or Terrorist?
• Environmentalism and Economic Freedom
• Colonial Women’s Freedom in Society
• The S.E.C. and the Freedom of Information Act
• African Americans: A Journey Towards Freedom
• Freedom of the Press
• Coming of Age in Mississippi: The Black Freedom Movement
• Freedom of Women to Choose Abortion
• Human Freedom as Contextual Deliberation
• The Required Freedom and Democracy in Afghanistan
• PRISM Program: Freedom v. Order
• Human rights and freedoms
• Controversies Over Freedom of Speech and Internet Postings
• Gender and the Black Freedom Movement
• Culture and the Black Freedom Struggle
• Freedom from Poverty as a Human Right and the UN Declaration of Human Rights
• Hegel’s Ideas on Action, Morality, Ethics and Freedom
• The Ideas of Freedom and Slavery in Relation to the American Revolution
• Psychological Freedom
• The Freedom Concept
• Free Exercise Clause: Freedom and Equality
• Television Effects & Freedoms
• Government’s control versus Freedom of Speech and Thoughts
• Freedom of Speech: Exploring Proper Limits
• Freedom of the Will
• Women in Early America: Struggle, Survival, and Freedom in a New World
• Benefits of Post 9/11 Security Measures Fails to Outway Harm on Personal Freedom and Privacy
• Civil Liberties: Freedom of the Media
• Human Freedom and Personal Identity
• Freedom of Religion in the U.S
• Freedom of Speech, Religion and Religious Tolerance
• Why Free Speech Is An Important Freedom
• The meaning of the word “freedom” in the context of the 1850s!
• American History: Freedom and Progress
• The Free Exercise Thereof: Freedom of Religion in the First Amendment
• Twilight: Freedom of Choices by the Main Character
• Frank Kermode: Timelessness and Freedom of Expression
• Human Nature and the Freedom of Speech in Different Countries
• What Is the Relationship Between Personal Freedom and Democracy?
• How Does Religion Limit Human Freedom?
• What Is the Relationship Between Economic Freedom and Fluctuations in Welfare?
• How Effectively the Constitution Protects Freedom?
• Why Should Myanmar Have Similar Freedom of Speech Protections to the United States?
• Should Economics Educators Care About Students’ Academic Freedom?
• Why Freedom and Equality Is an Artificial Creation Created?
• How the Attitudes and Freedom of Expression Changed for African Americans Over the Years?
• What Are the Limits of Freedom of Speech?
• How Far Should the Right to Freedom of Speech Extend?
• Is There a Possible Relationship Between Human Rights and Freedom of Expression and Opinion?
• How Technology Expanded Freedom in the Society?
• Why Did Jefferson Argue That Religious Freedom Is Needed?
• How the Civil War Sculpted How Americans Viewed Their Nation and Freedom?
• Should Society Limit the Freedom of Individuals?
• Why Should Parents Give Their Children Freedom?
• Was Operation Iraqi Freedom a Legitimate and Just War?
• Could Increasing Political Freedom Be the Key To Reducing Threats?
• How Does Financial Freedom Help in Life?
• What Are Human Rights and Freedoms in Modern Society?
• How the Canadian Charter of Rights and Freedom Affects the Canadian Politics?
• Why Should Schools Allow Religious Freedom?
• Does Internet Censorship Threaten Free Speech?
• How Did the American Civil War Lead To the Defeat of Slavery and Attainment of Freedom by African Americans?
• Why Are Men Willing To Give Up Their Freedom?
• How Did the Economic Development of the Gilded Age Affect American Freedom?
• Should Artists Have Total Freedom of Expression?
• How Does Democracy, Economic Freedom, and Taxation Affect the Residents of the European Union?
• What Restrictions Should There Be, if Any, on the Freedom of the Press?
• How To Achieving Early Retirement With Financial Freedom?
• Chicago (A-D)
• Chicago (N-B)

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First Amendment

By: History.com Editors

Updated: July 27, 2023 | Original: December 4, 2017

The First Amendment to the U.S. Constitution protects the freedom of speech, religion and the press. It also protects the right to peaceful protest and to petition the government. The amendment was adopted in 1791 along with nine other amendments that make up the Bill of Rights—a written document protecting civil liberties under U.S. law. The meaning of the First Amendment has been the subject of continuing interpretation and dispute over the years. Landmark Supreme Court cases have dealt with the right of citizens to protest U.S. involvement in foreign wars, flag burning and the publication of classified government documents.

Bill of Rights

During the summer of 1787, a group of politicians, including James Madison and Alexander Hamilton , gathered in Philadelphia to draft a new U.S. Constitution .

Antifederalists, led by the first governor of Virginia , Patrick Henry , opposed the ratification of the Constitution. They felt the new constitution gave the federal government too much power at the expense of the states. They further argued that the Constitution lacked protections for people’s individual rights.

The debate over whether to ratify the Constitution in several states hinged on the adoption of a Bill of Rights that would safeguard basic civil rights under the law. Fearing defeat, pro-constitution politicians, called Federalists , promised a concession to the antifederalists—a Bill of Rights.

James Madison drafted most of the Bill of Rights. Madison was a Virginia representative who would later become the fourth president of the United States. He created the Bill of Rights during the 1st United States Congress, which met from 1789 to 1791 – the first two years that President George Washington was in office.

The Bill of Rights, which was introduced to Congress in 1789 and adopted on December 15, 1791, includes the first ten amendments to the U.S. Constitution.

First Amendment Text

The First Amendment text reads:

“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.”

While the First Amendment protected freedoms of speech, religion, press, assembly and petition, subsequent amendments under the Bill of Rights dealt with the protection of other American values including the Second Amendment right to bear arms and the Sixth Amendment right to a trial by jury.

Freedom of Speech

The First Amendment guarantees freedom of speech . Freedom of speech gives Americans the right to express themselves without having to worry about government interference. It’s the most basic component of freedom of expression.

The U.S. Supreme Court often has struggled to determine what types of speech is protected. Legally, material labeled as obscene has historically been excluded from First Amendment protection, for example, but deciding what qualifies as obscene has been problematic. Speech provoking actions that would harm others—true incitement and/or threats—is also not protected, but again determining what words have qualified as true incitement has been decided on a case-by-case basis.

Freedom of the Press

This freedom is similar to freedom of speech, in that it allows people to express themselves through publication.

There are certain limits to freedom of the press . False or defamatory statements—called libel—aren’t protected under the First Amendment.

Freedom of Religion

The First Amendment, in guaranteeing freedom of religion , prohibits the government from establishing a “state” religion and from favoring one religion over any other.

While not explicitly stated, this amendment establishes the long-established separation of church and state.

Right to Assemble, Right to Petition

The First Amendment protects the freedom to peacefully assemble or gather together or associate with a group of people for social, economic, political or religious purposes. It also protects the right to protest the government.

The right to petition can mean signing a petition or even filing a lawsuit against the government.

First Amendment Court Cases

Here are landmark Supreme Court decisions related to the First Amendment.

Free Speech &  Freedom of the Press :

Schenck v. United States , 1919: In this case, the Supreme Court upheld the conviction of Socialist Party activist Charles Schenck after he distributed fliers urging young men to dodge the draft during World War I .

The Schenck decision helped define limits of freedom of speech, creating the “clear and present danger” standard, explaining when the government is allowed to limit free speech. In this case, the Supreme Court viewed draft resistance as dangerous to national security.

New York Times Co. v. United States , 1971: This landmark Supreme Court case made it possible for The New York Times and Washington Post newspapers to publish the contents of the Pentagon Papers without risk of government censorship.

The Pentagon Papers were a top-secret Department of Defense study of U.S. political and military involvement in Vietnam from 1945 to 1967. Published portions of the Pentagon Papers revealed that the presidential administrations of Harry Truman , Dwight D. Eisenhower , John F. Kennedy and Lyndon B. Johnson had all misled the public about the degree of U.S. involvement in Vietnam.

Texas v. Johnson , 1990: Gregory Lee Johnson, a youth communist, burned a flag during the 1984 Republican National Convention in Dallas, Texas to protest the administration of President Ronald Reagan .

The Supreme Court reversed a Texas court’s decision that Johnson broke the law by desecrating the flag. This Supreme Court Case invalidated statutes in Texas and 47 other states prohibiting flag-burning.

Freedom of Religion:

Reynolds v. United States (1878): This Supreme Court case upheld a federal law banning polygamy, testing the limits of religious liberty in America. The Supreme Court ruled that the First Amendment forbids government from regulating belief but not from actions such as marriage.

Braunfeld v. Brown (1961): The Supreme Court upheld a Pennsylvania law requiring stores to close on Sundays, even though Orthodox Jews argued the law was unfair to them since their religion required them to close their stores on Saturdays as well.

Sherbert v. Verner (1963): The Supreme Court ruled that states could not require a person to abandon their religious beliefs in order to receive benefits. In this case, Adell Sherbert, a Seventh-day Adventist, worked in a textile mill. When her employer switched from a five-day to six-day workweek, she was fired for refusing to work on Saturdays. When she applied for unemployment compensation, a South Carolina court denied her claim.

Lemon v. Kurtzman (1971): This Supreme Court decision struck down a Pennsylvania law allowing the state to reimburse Catholic schools for the salaries of teachers who taught in those schools. This Supreme Court case established the “Lemon Test” for determining when a state or federal law violates the Establishment Clause—that’s the part of the First Amendment that prohibits the government from declaring or financially supporting a state religion.

Ten Commandments Cases (2005): In 2005, the Supreme Court came to seemingly contradictory decisions in two cases involving the display of the Ten Commandments on public property. In the first case, Van Orden v. Perry , the Supreme Court ruled that the display of a six-foot Ten Commandments monument at the Texas State Capital was constitutional. In McCreary County v. ACLU , the U.S. Supreme Court ruled that two large, framed copies of the Ten Commandments in Kentucky courthouses violated the First Amendment.

Right to Assemble & Right to Petition:

NAACP v. Alabama (1958): When Alabama Circuit Court ordered the NAACP to stop doing business in the state and subpoenaed the NAACP for records including their membership list, the NAACP brought the matter to the Supreme Court. The Court ruled in favor of the NAACP, which Justice John Marshall Harlan II writing: “This Court has recognized the vital relationship between freedom to associate and privacy in one's associations.”

Edwards v. South Carolina (1962): On March 2, 1961, 187 Black students marched from Zion Baptist Church to the South Carolina State House, where they were arrested and convicted of breaching the peace. The Supreme Court ruled in an 8-1 decision to reverse the convictions, arguing that the state infringed on the free speech, free assembly and freedom to petition of the students.

The Bill of Rights; White House . History of the First Amendment; The University of Tennessee, Knoxville. Schenck v. United States ; C-Span .

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Those Who Preach Free Speech Need to Practice It

Too many leaders, on campus and in government, are failing to uphold the First Amendment rights they claim to champion.

Updated at 9:35 a.m. ET on April 30, 2024

Say you’re a college senior, just a few weeks from graduation. For as long as you can remember—even back in high school, before you set foot on campus—older people have talked about free speech. More specifically, older people have talked about free speech and you : whether your generation understands it, whether you believe in it, whether you can handle it.

After watching some of those same people order crackdowns on campus protests over the past few days, you might have a few questions for them.

Last week, from New York to Texas, cops stormed college campuses clad in riot gear. They weren’t there to confront active shooters, thank goodness, or answer bomb threats. Instead, they were there to conduct mass arrests of students protesting the war in Gaza.

As the legal director of a First Amendment advocacy nonprofit, I teach students across the country that the government can’t silence speakers because of their beliefs, even—and perhaps especially—if those beliefs are unpopular or cause offense. That’s a foundational principle of free-speech law. But many of the crackdowns appear to be a direct reaction to the protesters’ views about Israel.

After sending a phalanx of state law-enforcement officers into the University of Texas at Austin campus, for example, Governor Greg Abbott announced on X that students “joining in hate-filled, antisemitic protests at any public college or university in Texas should be expelled.”

Erwin Chemerinsky: No one has a right to protest in my home

But no First Amendment exception exists for “hate-filled” speech. And for good reason: In our pluralistic democracy, everyone has their own subjective idea of what, if any, speech is too “hateful” to hear, making an objective definition impossible. And empowering the government to draw that line will inevitably silence dissent.

At UT, the officers arrested scores of protesters for “ trespassing .” But the students don’t appear to have violated school rules. And you can’t trespass on a place where you have the right to be, as students at the public universities they attend clearly do. Even a cameraman for a local news station was tackled and arrested . The next day, the Travis County attorney’s office dropped all of the trespassing charges for lack of probable cause—a telling indicator of the disturbingly authoritarian response. (Shockingly, the cameraman does face a felony charge , for allegedly assaulting a police officer—an allegation difficult to square with video of his arrest.) The government can’t throw Americans in jail for exercising their First Amendment right to peaceful protest.

Governor Abbott’s illiberal show of force has no place in a free country. It’s especially galling given the governor’s previous posture as a stalwart defender of campus free speech: In June 2019, he signed a law prohibiting Texas’s public colleges and universities from shutting down campus speakers because of their ideology. So much for that.

Governor Abbott isn’t alone. During her congressional testimony earlier this month, Columbia University President Minouche Shafik pledged investigations of students and faculty who voiced allegedly anti-Semitic criticism of Israel and Zionism, and agreed—on the fly—to remove a professor from his position as a committee chair because of his speech.

Michael Powell: The unreality of Columbia’s ‘liberated zone’

Columbia is a private institution, so it isn’t bound by the First Amendment. But the university promises freedom of expression to its students and faculty—and Shafik’s willingness to sacrifice faculty and student rights to appease hostile members of Congress betrays those promises.

If such things had happened only at UT and Columbia, that would be bad enough—but the problem is spreading. At Emory University, in Atlanta, police officers reportedly used tear gas and Tasers against protesters. State troopers with rifles directed toward protesters stood watch on a rooftop at Ohio State University. At Indiana University, administrators rushed out a last-minute, overnight policy change to justify a similar show of force from law enforcement, resulting in 34 arrests. It’s hard to keep up.

Students nationwide are watching how the adults who professed to care about free speech are responding under pressure. And they are learning that those adults don’t really mean what they say about the First Amendment. That’s a dangerous lesson. Our schools and universities could still teach the country a better one.

“Free Speech 101” starts here: The First Amendment protects an enormous amount of speech, including speech that some, many, perhaps most Americans would find deeply offensive. You may not like pro-Palestine speech; you may not like pro-Israel speech. You may think some of it veers into bigotry. The answer is to ignore it, mock it, debate it, even counterprotest it. But don’t call in the SWAT team.

George Packer: The campus-left occupation that broke higher education

Granted, free speech is not without carefully designated exceptions, and these exceptions are important but narrow. True threats and intimidation, properly defined, are not protected by the First Amendment. Neither is discriminatory harassment. Violence is never protected.

And public universities can maintain reasonable “time, place, and manner” restrictions on speech. That means, for example, that for the authorities to place a ban on playing heavily amplified sound right outside the dorms at 2 a.m. likely does not violate the First Amendment. A prohibition on camping overnight in the quad probably doesn’t either. And taking over a campus building, as Columbia students did early this morning , is not protected.

But the enforcement of these rules must be evenhanded and proportionate. The use of force should be a last resort. Students must be given clear notice about what conduct crosses a line. And any student facing punishment for an alleged infringement should receive a fair hearing. Consistency counts. Our leaders—in government, in university administration—must demonstrate their commitment to free expression in both word and deed.

Students are protesting on campuses nationwide, and they’re watching the reaction of university presidents and elected officials closely. The current moment presents a generational challenge: Do older people and people in authority really mean what they say about the First Amendment? Do they believe in free speech—and can they handle it? Right now, too many leaders are failing the test.

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Freedom of Speech - Article 19(1)(a)

The Constitution of India guarantees freedom of speech and expression to all citizens. It is enshrined in Article 19(1)(a). This topic is frequently seen in the news and is hence, very important for the IAS Exam . In this article, you can read all about Article 19(1)(a) and its provisions.

Article 19(1)(a)

According to Article 19(1)(a): All citizens shall have the right to freedom of speech and expression.

• This implies that all citizens have the right to express their views and opinions freely.
• This includes not only words of mouth, but also a speech by way of writings, pictures, movies, banners, etc.
• The right to speech also includes the right not to speak.
• The Supreme Court of India has held that participation in sports is an expression of one’s self and hence, is a form of freedom of speech.
• In 2004, the SC held that hoisting the national flag is also a form of this freedom.
• Freedom of the press is an inferred freedom under this Article.
• This right also includes the right to access information because this right is meaningless when others are prevented from knowing/listening. It is according to this interpretation that the Right to Information (RTI) is a fundamental right.
• The SC has also ruled that freedom of speech is an inalienable right adjunct to the right to life (Article 21). These two rights are not separate but related.
• Restrictions on the freedom of speech of any citizen may be placed as much by an action of the state as by its inaction. This means that the failure of the State to guarantee this freedom to all classes of citizens will be a violation of their fundamental rights.
• The right to freedom of speech and expression also includes the right to communicate, print and advertise information.
• This right also includes commercial as well as artistic speech and expression.

You can read all about Fundamental Rights at the linked article.

Importance of Freedom of Speech and Expression

A basic element of a functional democracy is to allow all citizens to participate in the political and social processes of the country. There is ample freedom of speech, thought and expression in all forms (verbal, written, broadcast, etc.) in a healthy democracy.

Freedom of speech is guaranteed not only by the Indian Constitution but also by international statutes such as the Universal Declaration of Human Rights (declared on 10th December 1948) , the International Covenant on Civil and Political Rights, the European Convention on Human Rights and Fundamental Freedoms, etc.

• This is important because democracy works well only if the people have the right to express their opinions about the government and criticise it if needed.
• The voice of the people must be heard and their grievances are satisfied.
• Not just in the political sphere, even in other spheres like social, cultural and economic, the people must have their voices heard in a true democracy.
• In the absence of the above freedoms, democracy is threatened. The government will become all-too-powerful and start serving the interests of a few rather than the general public. 
• Heavy clampdown on the right to free speech and free press will create a fear-factor under which people would endure tyranny silently. In such a scenario, people would feel stifled and would rather suffer than express their opinions.
• Freedom of the press is also an important factor in the freedom of speech and expression.
• The second Chief Justice of India, M Patanjali Sastri has observed, “Freedom of Speech and of the Press lay at the foundation of all democratic organizations, for without free political discussion no public education, so essential for the proper functioning of the process of Government, is possible.”
• In the Indian context, the significance of this freedom can be understood from the fact that the Preamble itself ensures to all citizens the liberty of thought, expression, belief, faith and worship.
• Liberal democracies, especially in the West, have a very wide interpretation of the freedom of speech and expression. There is plenty of leeways for people to express dissent freely.
• However, most countries (including liberal democracies) have some sort of censorship in place, most of which are related to defamation, hate speech, etc.
• The idea behind censorship is generally to prevent law and order issues in the country.

To know more in detail about the Constitution of India , visit the linked article

The Need to Protect Freedom of Speech

There are four justifications for freedom of speech. They are:

• For the discovery of truth by open discussion.
• It is an aspect of self-fulfilment and development.
• To express beliefs and political attitudes.
• To actively participate in a democracy.

Restriction on Freedom of Speech

Freedom of speech is not absolute. Article 19(2) imposes restrictions on the right to freedom of speech and expression. The reasons for such restrictions are in the interests of:

• Sovereignty and integrity of the country
• Friendly relations with foreign countries
• Public order
• Decency or morality
• Hate speech
• Contempt of court

The Constitution provides people with the freedom of expression without fear of reprisal, but it must be used with caution, and responsibly.

Freedom of Speech on Social Media

The High Court of Tripura has held that posting on social media was virtually the same as a fundamental right applicable to all citizens, including government employees. It also asserted that government servants are entitled to hold and express their political beliefs, subject to the restrictions laid under the Tripura Civil Services (Conduct) Rules, 1988.

In another significant judgment, the HC of Tripura ordered the police to refrain from prosecuting the activist who was arrested over a social media post where he criticized an online campaign in support of the Citizenship Amendment Act (CAA), 2019 and warned people against it. The High Court held that these orders are in line with the very essence of the Indian Constitution.

Hate Speech

The Supreme Court of India had asked the Law Commission to make recommendations to the Parliament to empower the Election Commission to restrict the problem of “hate speeches” irrespective of, whenever made. But the Law Commission recommended that several factors need to be taken into account before restricting a speech, such as the context of the speech, the status of the maker of the speech, the status of the victim and the potential of the speech to create discriminatory and disruptive circumstances.

Freedom of Speech in Art

In relation to art, the court has held that “the art must be so preponderating as to throw obscenity into a shadow or the obscenity so trivial and insignificant that it can have no effect and may be overlooked.” 

There are restrictions in what can be shown in cinemas and this is governed by the Cinematograph Act, 1952. You can read more about this and the Censor Board in India here.

Safeguards for Freedom of Speech and Expression under Article 19(2)

The Constitution of India guarantees freedom of speech and expression to all its citizens, however, these freedom are not absolute because Article 19 (2) of the constitution provides a safeguard to this freedom under which reasonable restrictions can be imposed on the exercise of this right for certain purposes. Safeguards outlined are discussed below-

Article 19(2) of the Indian constitution allows the state to make laws that restrict freedom of speech and expression so long as they impose any restriction on the –

• The state’s Security such as rebellion, waging war against the State, insurrection and not ordinary breaches of public order and public safety.
• Interest id Integrity and Sovereignty of India – this was added by the 16 th  constitutional amendment act under the tense situation prevailing in different parts of the country. Its objective is to give appropriate powers to impose restrictions against those individuals or organizations who want to make secession from India or disintegration of India as political purposes for fighting elections.
• Contempt of court: Restriction can be imposed if the speech and expression exceed the reasonable and fair limit and amounts to contempt of court.
• Friendly relations with foreign states: It was added by the First Amendment Act, 1951 to prohibit unrestrained malicious propaganda against a foreign-friendly state. This is because it may jeopardize the maintenance of good relations between India and that state.
• Defamation or incitement to an offense: A statement, which injures the reputation of a man, amounts to defamation. Defamation consists in exposing a man to hatred, ridicule, or contempt. The civil law in relating to defamation is still uncodified in India and subject to certain exceptions.
• Decency or Morality – Article 19(2) inserts decency or morality as grounds for restricting the freedom of speech and expression. Sections 292 to 294 of the Indian Penal Code gives instances of restrictions on this freedom in the interest of decency or morality. The sections do not permit the sale or distribution or exhibition of obscene words, etc. in public places. However, the words decency or morality is very subjective and there is no strict definition for them. Also, it varies with time and place.

Need of these Safeguards of Freedom of Speech & Expression

• In order to safeguard state security and its sovereignty as a speech can be used against the state as a tool to spread hatred.
• To strike a social balance. Freedom is more purposeful if it is coupled with responsibility.
• Certain prior restrictions are necessary to meet the collective interest of society.
• To protect others’ rights. Any speech can harm a large group of people and their rights, hence reasonable restrictions must be imposed so that others right is not hindered by the acts od one man.

Right to Information

As mentioned before, the right to information is a fundamental right under Article 19(1). The right to receive information has been inferred from the right to free speech. However, the RTI has not been extended to the Official Secrets Act. For more on the RTI, click here .

Freedom of Speech – Indian Polity:- Download PDF Here

UPSC Questions related to Freedom of Speech

Yes, freedom of speech is a fundamental right guaranteed under Article 19(1)(a).

Article 19 of the Constitution guaranteed the right to freedom. Read more here .

The 7 fundamental rights are:

• Right to equality
• Right to freedom
• Right against exploitation
• Right to freedom of religion
• Cultural and educational rights
• Right to constitutional remedies

On what grounds can the State limit Freedom of Speech?

The state can limit Freedom of Speech on the following grounds

• Friendly Relations with Foreign Countries
• National Security
• Integrity and Unity of the State

You can know more about the topics asked in the exam by visiting the UPSC Syllabus page. Also, refer to the links given below for more articles. 

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Essay on Freedom of Speech for Children and Students

Table of Contents

Essay on Freedom of Speech: Freedom of speech is one of the fundamental rights of the citizens of India. Many countries around the world allow freedom of speech to its citizens to empower them to share their thoughts and views.

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The government of India and many other countries provide freedom of speech to their citizens. This is especially so in the countries with democratic government. Here are essays of varying lengths on the topic Freedom of Speech to help you with the same in your exam. You can select any Freedom of Speech essay as per your need:

Long and Short Essay on Freedom of Speech in English

We have provided below short and long essay on freedom of speech in English. These essay have been written in simple English to let you easily remember the main points and present them whenever required.

These freedom of speech essay will brief you about the right to freedom of speech under the Constitution and what is its significance.

You can use these freedom of speech essays in your school’s/college’s essay writing, speech or debate competitions. You can also use these essays while having normal discussions with your family and friends.

Freedom of Speech Essay 1 (200 words)

Freedom of Speech is one of the fundamental rights provided to the citizens of India. It allows the citizens of our country to express their ideas and share their opinions freely. It allows the general public as well as the media to comment on any of the political activities and even show discontentment against the ones they find inappropriate.

Just like India many other countries also provide the Freedom of Speech and Expression to its citizens but with some limitations. The restrictions put on the Freedom of Speech vary from country to country. There are also many countries that do not allow this basic human right. The general public and the media in such countries are refrained from commenting on the activities carried out by the government. Criticism of government, political parties or ministers is a punishable offense in such countries.

While Freedom of Speech is essential for the overall growth of the society it may have certain negative repercussions too. People must not use it to disrespect or instigate others. The media must also act responsibly and not misuse the Freedom of Speech.

I am lucky to have born in India – a country that respects its citizens and provides them with all the rights that are needed for their growth and development.

Freedom of Speech Essay 2 (300 words)

Introduction.

Freedom of speech is one of the basic rights given to the citizens of most of the countries across the globe. It enables the people residing in those countries to speak their mind without the fear of being punished by the law.

Origin of Freedom of Speech

The concept of freedom of speech originated long back. England’s Bill of Rights 1689 adopted freedom of speech as a constitutional right and it is still in effect. The French revolution in 1789 adopted the Declaration of Rights of Man and of the Citizen. This further affirmed the Freedom of Speech as an undeniable right. The Declaration of Freedom of Speech and Expression in Article 11 states:

“The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law”.

The Universal Declaration of Human Rights that was adopted in the year 1948 also states that everyone should have the freedom to express their ideas and opinions. Freedom of Speech and Expression has now formed a part of the international and regional human rights law.

Freedom of Speech – The Basis of Democracy

A democratic government gives various rights to its people including the right to elect the government of their country. Freedom of speech and expression is known to form the basis of a democratic nation. Merely electing the government is no use if the citizens do not have the right to voice their opinion in case they feel that the elected government is not performing as per the standards set by it initially. This is why right to freedom of speech is an essential right in the democratic nations. It forms the basis of democracy.

Freedom of speech empowers the people to share their ideas and bring about positive changes in the society.

Freedom of Speech Essay 3 (400 words)

Freedom of Speech is considered to be a basic right that every person must be entitled to. It is among the seven fundamental rights given to the citizens of India by the Indian constitution. It forms a part of the Right to Freedom that includes the freedom of speech and expression, right to life and liberty, freedom of movement, freedom of residence, right to practice any profession, freedom to form unions, associations or cooperatives, protection in regard to conviction in offences and protection against arrest in some cases.

Why is Freedom of Speech Essential?

Freedom of speech is essential for the all round growth and development of a person as well as a nation as a whole. Imposing restriction on what one speaks or hears can hamper the development of a person. It can even create discomfort and dissatisfaction that leads to stress. A nation filled with people full of discontent can never grow in the right direction.

Freedom of Speech gives way to open discussions that helps in exchange of ideas which is essential for the growth of the society. It is also essential to express one’s opinion about the political system of the country. When the government knows that it monitored and can be challenged or criticized for the steps it is taking, it acts more responsibly.

Freedom of Speech – Closely Related to Other Rights

Freedom of Speech is closely related to the other rights. It is mainly required to protect the other rights given to the citizens.Freedom of Speech is only when people have the right to express and speak freely they can raise their voice against anything that goes wrong. It enables them to take an active part in democracy rather than just being involved in the election process. Similarly, they can guard other rights such as the Right to Equality, Right to Freedom of Religion, Right against Exploitation and Right to Privacy only when they have the Freedom to Speech and Expression.

It is also closely related to the Right to Fair Trial. Freedom of Speech and Expression enables a person to put across his point freely during a trial which is extremely essential.

Freedom of speech gives the power to raise voice against any kind of injustice happening around. The governments of the countries that offer Right to Information and Opinion and Freedom of Speech and Expression must also welcome the opinions and ideas of their citizens and be receptive to change.

Freedom of Speech Essay 4 (500 words)

Freedom of Speech and Expression is one of the basic rights guaranteed to the citizens of India. It comes under the Right to Freedom which is among the seven fundamental rights included in the Indian constitution. The other rights include Right to Equality, Right to Freedom of Religion, Cultural and Educational Rights, Right to Privacy, Right against Exploitation and Right to Constitutional Remedies.

Freedom of Speech in India

The constitution of India provides Freedom of Speech to every citizen however with some restrictions. This means that the people can freely express their views about others as well as the government, political system, policies and bureaucracy. However, speech can restricted on moral grounds, security and provocation. Under the Right to Freedom in the Indian constitution, the citizens of the country have the following rights:

• Freedom to speak and express ideas and opinions freely
• to assemble peacefully without any arms and ammunitions
• Freedom to form groups, unions and associations
• to move freely in any part of the country
• Freedom to settle in any part of the country
• to practice any profession
• Freedom to indulge in any kind of business or trade provided it is not unlawful.

India known as a democratic country in true sense. The people here have the right to information and can give their opinion on anything even the activities of the government. Freedom of Speech empowers the media to share all that is going on in the country as well as around the world. This makes the people more aware and also keeps them updated with the latest happenings from around the world.

Downside of Freedom of Speech

While the Freedom of Speech allows an individual to share his thoughts and ideas and contribute towards the betterment of his society and fellow citizens, there many disadvantages attached to it too. Many people misuse this freedom. They do not just express their views but also impose them on others. They instigate people and form groups to conduct unlawful activities. Media is also free to express its ideas and opinions. At times, the information shared by them creates panic amongst the general public. Certain news such as that related to the activities of different communal groups has even given rise to communal riots in the past. This disrupts the peace and harmony of the society.

Internet has augmented the Freedom of Speech and Expression. The advent of social media platforms has furthered it all the more. People these days are eager to give their views on anything and everything whether they have knowledge about the same or not. They write hateful comments without caring if they are hurting someone’s feelings or intruding in someone’s personal space. This can certainly termed as the misuse of this freedom and must stopped.

Every country must provide the Freedom of Speech and Expression to its citizens. However, it must defined clearly so that it only helps in bringing about positive changes in the individuals as well as the society and does not disrupt its normal functioning.

Freedom of Speech Essay 5 (600 words)

Freedom of Speech given to citizens of most countries to enable them to share their ideas and provide their opinion on different matters. It considered to be essential for the growth of an individual as well as the society. While most countries provide this freedom to its citizens, many refrain from it.

Many Countries Offer Freedom of Speech

Not only India many countries around the world offer Freedom of Speech and Expression to their citizens. The United Nations Universal Declaration of Human Rights incorporated in the year 1948 states:

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.

South Africa, Sudan, Pakistan, Tunisia, Hong Kong, Iran, Israel, Malaysia, Japan, Philippines, South Korea, Saudi Arabia, United Arab Emirates, Thailand, New Zealand, Europe, Denmark, Finland and Republic of China are among some of the countries that offer Freedom of Speech and Expression to their citizens.

Now, while these countries have given the Right to Freedom of Speech and Expression to their citizens however the degree to which this right rendered to the general public and media differs from country to country.

Countries that Do Not Have Freedom of Speech

There are countries that do not give the right to Freedom of Speech to their citizens to maintain absolute control. Here is a look at some of these countries:

• North Korea :

The country does not provide Freedom of Speech and Expression to its citizens as well as the media. Thus, the government does not only hold the freedom to express ones ideas and opinions but also holds information from its citizens.

The government of Syria known for its tyranny. People here deprived of their basic human right that is the right to Freedom of Speech and Expression.

Yet another country that doesn’t provide Freedom of Speech to its citizens. The citizens of Cuba not allowed to pass any negative comment on the activities of the government or any political party. The government here has even put restriction on internet usage so that people do not get a chance to express anything via the same.

This is another country that does not offer Freedom of Speech and Expression. People cannot voice their opinions or criticize the work of the government. Criticism of the government or any political minister is a criminal offense here.

The citizens of Iran are not aware what it is like to express their opinion and share their ideas freely in the public. Nobody can express any kind of discontentment against the public laws or Islamic standards.

The government of Burma is of the opinion that the Freedom of Speech and Expression is unnecessary. The citizens asked not to express their ideas or opinions particularly if they are against any leader or political party. The media in this country run by the government.

Most people in this country do not even know as to what Freedom of Speech and Expression really is. The government of Libya known for oppressing its citizens. In the age of internet, people around the world are free to express their views on any matter but not in this country. Many people in the country have arrested for criticizing the government on the internet.

Freedom of Speech and Expression is a basic human right that must given to the citizens of each country. However it is sad to see the way the governments of certain countries do not provide even this essential human right to its citizens and oppresses them to fulfil their own selfish motives.

Related Information:

• Essay on India
• Democracy in India
• Essay on Fundamental Rights
• Nationalism
• Slogans on Newspaper
• Speech on Newspaper
• Essay on Social Media

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2 Minute Speech On The Importance Of Freedom In English

Good morning everyone present here, today I am going to give a speech on the importance of freedom. The ability for each person to make choices about their own lives, subject to some constraints, is referred to as freedom. While we have a lot of options at our disposal, we must also be careful not to infringe on others’ freedoms. The right of people to express their views and beliefs lies at the heart of disputes between civilizations.

Freedom is the state of being able to speak, act, and pursue happiness without unneeded external restraints. Freedom is important because it promotes original thought and creative expression, higher productivity, and a high standard of living in general.

Each generation needs to rethink and reaffirm the difficult concept of freedom. Furthermore, only people who have a strong sense of history and a profound comprehension of human nature can truly comprehend and value freedom. People who enjoy freedom all too frequently fail to recognize its fragility and take it for granted. On the other hand, those who have not grown up in a culture that has a long history of valuing freedom find it difficult to comprehend and apply it to their community. 

Absolute freedom does not exist, particularly inside centralized political structures like towns and nations. The rights of the individual and the objectives and duties of the state must always be compromised for freedom to exist. As a result, there are numerous laws, rules, and legal rulings about the principles of freedom and the specifics of how they are to be used. Thank you. 

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Opinion | Alex Shams: Universities should defend…

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• Clarence Page

Opinion | Alex Shams: Universities should defend students’ right to free speech, not aid their repression

The university cited unspecified “security” risks. But valedictorian Asna Tabassum has said she believes it had something to do with the fact that she’s Muslim and has a minor in “resistance to genocide.” The a dministration apparently feared Tabassum would reference Israel’s ongoing assault on Gaza. Rather than let her speak, officials silenced her.

Not long after, Columbia University shut down a pro-Palestinian sit-in on campus. Students set up tents on the quad, demanding the university divest from companies linked to Israel’s occupation of Palestinian territories. The a dministration called the New York police to the campus. Officers arrested more than 100 students, even though police admitted students presented no danger and were peaceful.  Since then, hundreds more students have been taken over the quad. The encampment has been rebuilt.

Gaza solidarity encampments have gone up across the country — from USC and Michigan to Harvard, Emory and the University of Chicago. Universities have long been America’s conscience, a bellwether for youth opinion. They are where we see generational shifts most clearly. When universities treat protests as attacks on public order, they create a repressive atmosphere that bodes ill for free speech in the country as a whole. Calling police to arrest students who set up protest tents is a betrayal of our nation’s commitment to freedom of expression.

For students, this isn’t just about free speech; it’s about upholding promises of human rights and democracy that America claims to hold dear. 

The last time U.S. universities witnessed protests on this scale was 1968, amid rising resistance to the Vietnam War, when Columbia also called the NYPD to the campus to arrest students. 

Today, Palestinians are at the center of national debate. Just as during Vietnam, our government is supporting human rights abuses on a horrifying scale . And again, students are at the front line demanding an end to violence. Nearly 50% of American adults from 18 to 29 years old believe Israel is committing genocide in Gaza, according to an Economist/YouGov poll conducted earlier this year.

In contrast, 81-year-old President Joe Biden has sent Israel billions in military support. He has repeatedly declined to impose conditions even as Israel has bombed hospitals, killed aid workers and slaughtered families.

When students see their tax dollars used to kill — more than 34,000  Palestinians at last count, not including thousands more buried under the rubble — they are right to question our government’s policies.

But not only are universities silencing them. Congress is pushing administrators to go further, with a bipartisan consensus forming around punishing students who question pro-Israel policies. Biden and Congress have repeatedly linked campus protests to antisemitism. But not only is antisemitism firmly rejected by most activists, groups such as Jewish Voice for Peace can be found leading protests as part of diverse student coalitions. At Columbia, the Gaza solidarity camp hosted a Passover Seder, with Jewish students sharing the holiday’s liberation story with peers.

Universities should be defending students’ right to question political consensus, not aiding their repression. And for free speech to thrive, students must be protected from harassment. Universities must provide that space — not with rhetoric but with action.

As a University of Chicago student, I saw the administration regularly call security guards to surround us when we held campus protests. Yet, the university presented itself as a bastion of free speech to the nation through the so-called Chicago principles.

But when outside pro-Israel groups put up posters targeting students and professors who’d advocated for Palestinian human rights with false accusations of supporting terrorism, the university failed to take action against those responsible. When an online blacklist circulated labeling students as antisemitic in an attempt to prevent them from gaining future employment, the university again declined to act.

What are free speech principles worth if universities fail to stand up to hate groups targeting students for saying what they think? 

Over the last few months, pro-Israel harassment tactics have gone into overdrive. We’ve seen a level of attacks on students previously unimaginable — from trucks covered in students’ faces roaming near campuses to online harassment campaigns. 

For years, I’ve conducted research on protest in the Middle East. Universities are crucial sites of dissent for activists, places to organize and envision social change. But when administrations cave in to government pressure, tolerate outside harassment, and invite police to crush protests, they not only surrender an important space of freedom, but they also sacrifice their students’ lives and futures.

This is what is now occurring across America.

At Columbia, protesters were not only arrested; they were suspended and some evicted from their housing. Their arrests will go on their permanent record and will inhibit access to future employment, potentially condemning them to poverty if they’re unable to pay back student loans. The university didn’t just silence them; it potentially robbed them of a future. All in response to using their voices to express outrage over human rights abuses.

Is this how America should treat its young people? 

Our universities must remain a bulwark of freedom against this onslaught — places to critically reflect on our role in the world rather than silencing those who question orthodoxies. It is not too late. Administrations can still change course.  They must lead the way out of this darkness by protecting students — and creating a campus atmosphere that welcomes debate rather than silencing it.

USC must reverse its ban and let the valedictorian address graduates. Columbia must apologize for silencing student voices and should consider students’ demands. Other universities must allow students to hold events and protests questioning their complicity in events in the Palestinian territories.

And Biden must listen to the voices of the largest student movement America has seen in decades — and take seriously their demands to cut aid to Israel.

Alex Shams is a writer and political anthropologist with a Ph.D. from the University of Chicago. 

Submit a letter, of no more than 400 words, to the editor here or email [email protected] .

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