Jonah Patel
The First Amendment protects freedom of speech and freedom of the press. This has been upheld in several court cases, including Whitney v. California (1927), Gitlow v. New York (1925), and NAACP v. Alabama (1958). The Supreme Court has ruled that the First Amendment protects the right not to speak as well as the right to express your views. It also protects anonymous speech, as in the case of civil rights activists who wanted to distribute an anonymous pamphlet about discrimination.
| Characteristics | Values |
|---|---|
| The First Amendment protects freedom of speech | People can't be forced to say words they don't believe |
| The First Amendment protects freedom of the press | The government must not place restraints on publication |
| The First Amendment protects anonymous speech | Civil rights activists can distribute anonymous pamphlets |
| The First Amendment protects the right to associate | The NAACP in Alabama should not be required to reveal its member list |
| The First Amendment protects against libelous publications | Libel must be measured by standards that satisfy the First Amendment |
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What You'll Learn
The First Amendment protects anonymous speech
The First Amendment protects freedom of speech, but what about anonymous speech? The First Amendment protects anonymous speech and speech made using a pseudonym, or assumed name, in most cases. This protection means that if, for example, you publish a book under a pen name instead of your legal name, post a flyer sharing your viewpoint without putting your name on it, or criticise the government from an online account with a parody username, then your speech is protected from government punishment just as it is if you did any of those things under your legal name. The First Amendment also protects the right to say unpopular or even abhorrent things (with some exceptions), anonymously and under a pseudonym.
The Supreme Court has protected anonymous speech under the First Amendment in areas of political activity, balancing it against competing interests, such as disclosures of campaign donations and spending. For example, in McIntyre v. Ohio Elections Commission, it struck down an Ohio elections law that prohibited anonymous campaign literature after a woman was found in violation for distributing leaflets opposing a proposed school tax levy without her name on it as the author. Speakers and writers may seek anonymity as protection against prosecution, harassment, abuse and invasions of their privacy.
The First Amendment also protects the right not to speak, as well as the right to express your views. In 1958, the Supreme Court said the NAACP in Alabama should not be required to reveal its member list, protecting the right to associate as part of the First Amendment right to assembly. In addition, the First Amendment limits the government. It protects the right of people and of companies, including newspapers, book publishers and social media platforms, to say or not say what they want.
Freedom of speech court cases, especially these key Supreme Court cases, have helped clarify and define this fundamental freedom. In this case, the Supreme Court’s ruling relied on the idea that the First Amendment’s opening words – “Congress shall make no law” – really means government at all levels. More specifically, the ruling said that state governments must uphold the Constitution and protect the rights in it, including freedom of speech and the press. This is called “incorporation”.
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Freedom of speech protects the right not to speak
The First Amendment protects freedom of speech and the press, and this has been upheld in numerous court cases. In 1943, Supreme Court Justice Robert H. Jackson ruled that people can't be forced to say words they don't believe, establishing the principle that freedom of speech protects the right not to speak as well as the right to express your views. This was reiterated in 1958 when the Supreme Court said that the NAACP in Alabama should not be required to reveal its member list, protecting the right to associate as part of the First Amendment right to assembly.
The First Amendment also protects anonymous speech, as ruled by the court in favour of civil rights activists who wanted to distribute an anonymous pamphlet about discrimination.
The First Amendment's protection of freedom of expression has also been extended to libelous publications. The Court stated that "freedom of expression upon public questions is secured by the First Amendment" and that "debate on public issues should be uninhibited, robust, and wide-open".
In determining the extent of the constitutional protection for the freedom of the press, it has been generally considered that it is the chief purpose of the guaranty to prevent previous restraints upon publication. This was demonstrated in the case of Whitney v. California (Brandeis concurrence) (1927), where it was argued that no danger flowing from speech can be deemed clear and present unless the incidence of the evil apprehended is so imminent that it may befall before there is an opportunity for full discussion.
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The First Amendment protects the right to associate
The First Amendment's opening words – "Congress shall make no law" – means government at all levels. State governments must uphold the Constitution and protect the rights in it, including freedom of speech and the press. This is called "incorporation".
The First Amendment also protects anonymous speech. The court ruled in favour of civil rights activists who wanted to distribute an anonymous pamphlet about discrimination.
In determining the extent of the constitutional protection for the freedom of the press, it has been generally considered that it is the chief purpose of the guaranty to prevent previous restraints upon publication. No danger flowing from speech can be deemed clear and present unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. The government cannot reasonably be required to defer taking measures against revolutionary utterances advocating the overthrow of organised government until they lead to actual disturbances of the peace or imminent danger of the government's destruction.
To the contention that the First Amendment did not protect libelous publications, the Court replied that constitutional scrutiny could not be foreclosed by the “label” attached to something. The general proposition, the Court continued, that freedom of expression upon public questions is secured by the First Amendment has long been settled by our decisions.
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The First Amendment protects freedom of the press
In Whitney v. California (1927), the Supreme Court ruled that no danger flowing from speech can be deemed clear and present unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. This means that the government cannot be expected to wait to take measures against speech advocating the overthrow of the government until there is an actual disturbance of the peace or imminent danger of the government's destruction.
In Gitlow v. New York (1925), the Court ruled that the First Amendment's protection of freedom of speech extends to the states, and that state governments must uphold the Constitution and protect the rights in it, including freedom of speech and the press. This is called "incorporation".
The First Amendment has also been interpreted to protect the right to associate. In 1958, the Supreme Court ruled that the NAACP in Alabama should not be required to reveal its member list, as this would violate the First Amendment right to assembly.
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Libel can be subject to constitutional limitations
The First Amendment protects the right to free speech and freedom of expression. This includes the right not to speak, as well as the right to express your views. The First Amendment also protects anonymous speech. In 1958, the Supreme Court said the NAACP in Alabama should not be required to reveal its member list, protecting the right to associate as part of the First Amendment right to assembly.
The First Amendment's opening words – "Congress shall make no law" – really means government at all levels. This is called "incorporation".
There is no federal libel law. State libel laws are subject to the First Amendment limitations imposed by the Supreme Court. Defamation law requires the plaintiff to prove that a defamatory statement is false. Opinion and satire are constitutionally protected because they are not provably false and cannot be reasonably interpreted as presenting actual facts.
In *Hustler Magazine Inc. v. Falwell* (1988), the Court ruled that even when a private individual proves the published statements about them are false, they cannot collect damages if the particular topic was of public interest.
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Frequently asked questions
The First Amendment protects the right to express your views, as well as the right not to speak. This means that people cannot be forced to say words they do not believe.
The First Amendment also protects anonymous speech. In one case, the court ruled in favour of civil rights activists who wanted to distribute an anonymous pamphlet about discrimination.
The Court has said that constitutional scrutiny cannot be avoided by the "label" attached to something. Libel must be "measured by standards that satisfy the First Amendment".
The government has a duty to uphold the Constitution and protect the rights in it, including freedom of speech and the press. This is called "incorporation".
