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Freedom of Speech

2 十月, 2015 - 17:48

LEARNING OBJECTIVES

  1. Define speech under the First Amendment.
  2. Identify five types of speech that can be governmentally regulated in spite of the First Amendment.
  3. Ascertain the constitutional parameters for statutes that criminalize speech.

The First Amendment states, in relevant part, “Congress shall make no law…abridging the freedom of speech.” Although this language specifically targets federaCongress, the First Amendment has been held applicable to the states by virtue of selective incorporation. 1 Most state constitutions have a similar provision protecting freedom of speech. 2

Freedom of speech has been the focus of countless judicial opinions. To summarize US Supreme Court precedent, the word speechas been interpreted to cover virtually any forof expression, including verbal and written words, pictures, photographs, videos, and songs. First Amendment speech also includes expressive conducsuch as dressing a certain way, 3 flag burning, 4 and cross burning. 5