Lesson 15: Freedom of Speech

As part of the larger topic of Individual Rights and Liberties, "Freedom of Speech" is a critical concept in understanding Constitutional Law. This lesson explores its origins, key cases, and contemporary implications.

Introduction

Grab your gavel and powdered wig, folks, we're diving into Constitutional Law!

Freedom of Speech is protected under the First Amendment of the United States Constitution. This fundamental right ensures that individuals can express themselves without government interference or regulation.

"Congress shall make no law... abridging the freedom of speech, or of the press..."

Origins and History

The concept of Freedom of Speech dates back to ancient Greece but was formally enshrined in the First Amendment in 1791. For more historical context, see our lesson on the History of the Constitution.

Key Cases

Several landmark Supreme Court cases have shaped the interpretation of Freedom of Speech:

• Schenck v. United States (1919) - The case that introduced the "Clear and Present Danger" test.
• Brandenburg v. Ohio (1969) - Established the "Imminent Lawless Action" test.
• Texas v. Johnson (1989) - Affirmed that flag burning constitutes symbolic speech.

Contemporary Implications

Today, Freedom of Speech encompasses a variety of expressions, including political speech, symbolic speech, and hate speech. However, it is not without limitations. The government can impose time, place, and manner restrictions under certain conditions.

Balancing Act

Courts often engage in a balancing act to weigh individual freedoms against public interests. This balancing can be visualized as follows:

Further Reading

For a broader understanding of Constitutional Law principles, please refer to the Key Constitutional Principles article. Additionally, explore Overview of the Bill of Rights for more insights.