The second clause of the First Amendment allows the right to express opinions with governmental restraint, but this comes with many limitations. Ancient Greeks as a principle of democracy established the concept of free speech centuries earlier. However, Supreme Court rulings on Freedom of Speech continually detail what constitutes free speech.
Public Versus Private Communication
- Free Speech applies to all forms of communication:
- Spoken word
- Written word
- Symbolic actions that express ideas
The government must practice content neutrality which prevents them from censoring or restricting information based on a portion of the population considering the expression offensive.
Free speech applies to traditional public forums (for example streets, sidewalks, parks) and other designated areas. On private property, the owner reserves the right to set rules and have the non-compliant arrested for trespassing. While allowing individuals to convince others of personal beliefs, social and peer pressure may act as a check and balance system to this right. Unpopular opinions will continue to exist; this right does not prevent society from criticizing or making fun of you.
Free Speech Is Not Universal
Free speech is far from a universal right. Many countries still do not have real freedom of speech. The U.S. notion of free speech still perplexes some countries. Judiciary decisions over time will continue to define the extent and limitations of this liberty.
- Limitations include, but not excluded to:
- Interfering with military operations or recruitment
- Obscene materials, such as child pornography
- Plagiarism, copyright infringement
- Libel and Slander – (Written/spoken false defamation)
- Incitement and true threats
Fun Fact:
The Greek term, “parrhesia” which means “to speak candidly.” This term first appeared in literature near the end of the fifth century B.C. Open discussion and criticism of politics, religion, and the government used freely by Athenians regardless of their position in society.
