Malcolm Rivera
Freedom of expression is a fundamental human right that is enshrined in the constitutions of many countries. The right to express oneself freely, to share information, and to hold opinions and ideas without interference, retaliation, or punishment from the government is a cornerstone of a fair and open society. While the interpretation of expression varies across jurisdictions, it generally includes speech, press, petition, and association. The First Amendment of the U.S. Constitution, for example, protects freedom of speech and freedom of the press, with the U.S. Supreme Court playing a crucial role in interpreting and enforcing these rights. Similarly, Article 19 of the United Nations Universal Declaration of Human Rights protects freedom of expression, encompassing the freedoms of thought, conscience, religion, association, and peaceful assembly. The defense of freedom of expression is a core function of organizations like Amnesty International, which advocates for the rights of individuals and groups to express themselves peacefully without fear of unlawful repercussions.
| Characteristics | Values |
|---|---|
| Freedom of speech | Protected by the First Amendment |
| Freedom of the press | Protected by the First Amendment |
| Freedom of assembly | Protected by the First Amendment |
| Freedom of religion | Protected by the First Amendment |
| Right to petition the government | Protected by the First Amendment |
| Freedom of expression | Protected by the First Amendment; includes freedom to distribute information |
| Freedom of association | Protected by the First Amendment |
| Freedom of inquiry | Protected by the First Amendment |
| Freedom of thought | Protected by the First Amendment |
| Freedom to teach | Protected by the First Amendment |
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What You'll Learn
Freedom of speech
The First Amendment to the United States Constitution, adopted on December 15, 1791, guarantees freedom of speech. It states that "Congress shall make no law...abridging the freedom of speech". This amendment protects the right to express oneself without interference from the government. However, the exact scope of this protection has been the subject of much debate and litigation.
The First Amendment's protection of free speech extends beyond just spoken words, but also symbolic speech or actions. For example, in West Virginia Board of Education v. Barnette (1943), the Supreme Court held that students have the right not to salute the flag. Similarly, in Tinker v. Des Moines (1969), the Court ruled that students have the right to wear black armbands to school to protest a war. These cases demonstrate that the First Amendment protects individuals' right to express their views, even when those views may be controversial or unpopular.
The Supreme Court has also emphasised the importance of freedom of speech and the press in public debate. In Thornhill v. Alabama (1940), the Court stated that the First Amendment guarantees "the liberty to discuss publicly and truthfully all matters of public concern, without previous restraint or fear of subsequent punishment". This freedom extends to erroneous statements, as the Court recognised in New York Times Co. v. Sullivan (1964) that debate on public issues should be "uninhibited, robust, and wide-open".
However, the First Amendment's protection of free speech is not absolute. Certain types of speech, such as defamation, libel, and slander, are not protected. In Chaplinsky v. New Hampshire (1942), the Court held that the government may restrict certain types of speech that are deemed obscene or threatening. Additionally, in Buckley v. Valeo (1976), the Court upheld the constitutionality of limits on campaign contributions, recognising the need to regulate the influence of money in politics.
The First Amendment's protection of free speech also applies in the context of education. In Healy v. James (1972), the Court ruled that students and teachers do not shed their constitutional rights at the schoolhouse gate. This means that schools must respect the fundamental rights of students while also ensuring that students fulfil their obligations to the state. The Court has placed certain limitations on these rights, such as in Bethel School District v., where the specifics of the Tinker case were limited.
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Freedom of the press
The First Amendment to the United States Constitution, adopted on December 15, 1791, guarantees the freedom of speech and freedom of the press. This means that Congress cannot make laws that abridge the freedom of speech or the freedom of the press.
The Supreme Court has affirmed that the freedom of the press includes the liberty to discuss publicly and truthfully all matters of public concern without fear of punishment. This protection extends to erroneous statements and criticism of public policy. The Court has also upheld the right to distribute anonymous campaign literature, striking down an Ohio statute that made it a crime.
However, the First Amendment does not mean that individuals are guaranteed the right to express any thought free from government censorship. For example, the Court has upheld the Foreign Agents Registration Act of 1938, which requires the sponsors of certain foreign propaganda to be identified. Additionally, the press does not have the power to compel the government to furnish information that is not available to the general public.
The exact scope of the freedom of the press has been debated, including whether the "institutional press" is entitled to greater freedom from government regulations than non-press entities. Justice Stewart has argued that the separate mention of freedom of speech and freedom of the press in the First Amendment acknowledges the critical role played by the press in American society.
The First Amendment's protection of freedom of expression in the context of the press has been extended to include good-faith defamation. In First National Bank of Boston v. Bellotti, the Supreme Court held that corporations could assert First Amendment speech guarantees against federal regulations.
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Freedom of assembly
The right to freedom of assembly is recognized in the constitutions of several countries, including Bangladesh, Brazil, Canada, France, Ireland, Russia, Taiwan, and the United States. In the US, the First Amendment prohibits the government from abridging "the right of the people peaceably to assemble". This freedom ensures that the spirit of the First Amendment survives and thrives, even when citizens express views that others may find offensive.
The importance of the word "peaceably" or "peacefully" in the legal definition of freedom of assembly cannot be overstated. The right to assemble peacefully means that government officials may not arrest those who assemble peacefully, even if they disagree with the protestors' message or wish to shut down public discourse. For example, in the 1977 case National Socialist Party v. Skokie, the American Civil Liberties Union successfully argued that the First Amendment prohibited officials of Skokie, Illinois, from banning a march by the National Socialist Party (Ku Klux Klan).
However, the right to freedom of assembly is not absolute. In its 2003 decision Virginia v. Hicks, the high court allowed curbs on assembly, saying that the city of Richmond could make the streets and sidewalks of a housing project off-limits to unauthorized people to curb drugs and other crime in the area. The court found that the First Amendment did not protect the defendant, who was purportedly delivering diapers to his child in the housing project, as he was not engaged in any First Amendment-protected activity.
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Right to petition the government
The right to petition the government is a fundamental aspect of the freedom of expression guaranteed by the First Amendment of the United States Constitution. This right ensures that citizens can approach and appeal to the government to address their grievances and seek redress. The First Amendment specifically prohibits Congress from abridging "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances".
The right to petition has a long history in the United States, dating back to the Thirteen Colonies, where Americans read in Blackstone's Commentaries that they had the right to petition the king or parliament for redress. This right was later enshrined in the First Amendment, which protects the freedom of speech and the right to petition. The right to petition the government has been interpreted and expanded over time, and it is no longer confined solely to demands for "a redress of grievances".
One significant example of the exercise of the right to petition was in the advocacy for the end of slavery. Starting in 1836, Congress received well over a thousand petitions on the topic, signed by approximately 130,000 citizens. Initially, the House of Representatives and the Senate adopted gag rules to table and prohibit discussions on these anti-slavery petitions. However, in 1844, former president John Quincy Adams and other Representatives successfully repealed these rules, asserting that they violated the Constitutional right to petition the government guaranteed by the First Amendment.
The right to petition extends to all departments of the government, including administrative agencies, courts, and the legislature. It also includes the legal right to sue the government and seek resolution for legal disputes. While there are differing interpretations of the scope of the right to petition, the United States Supreme Court has clarified that it does not require the government to listen to or respond to members of the public. Additionally, the right to petition does not provide absolute immunity from libel, as highlighted in the McDonald v. Smith case.
In conclusion, the right to petition the government is a crucial aspect of the freedom of expression protected by the First Amendment. It empowers citizens to engage with the government, seek redress for grievances, and participate in the political process. While the specific interpretations and applications of this right have evolved, it remains a fundamental guarantee in the United States Constitution.
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Freedom of expression in schools
The First Amendment of the United States Constitution, ratified on December 15, 1791, establishes the right to freedom of speech and expression. It states that "Congress shall make no law...abridging the freedom of speech." This right extends to students and teachers in schools, who do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate".
However, it is important to note that the right to freedom of expression in schools is not absolute. School officials have wider discretion than other state actors in regulating certain types of speech. For example, they can forbid profane speech on campus, punish students for advocating illegal drug use, and censor student speech in school publications like newspapers and yearbooks. Schools can also censor student speech that is likely to substantially disrupt school operations or invade the rights of others.
The Supreme Court has clarified that the extent of First Amendment protection for students depends on the type of expression and their age. For instance, in Tinker v. Des Moines (1969), the Court upheld the right of students to wear black armbands to school to protest a war. In another case, Mahanoy Area School District v. B.L. (2021), the Court ruled that a school could not discipline a cheerleader for posting vulgar expressions on social media about not making the varsity squad, as it did not substantially disrupt school operations.
In conclusion, while the First Amendment protects the freedom of expression in schools, there are certain limitations and exceptions to this right, particularly when it comes to maintaining order and respecting the rights of others in the school environment. Schools play a crucial role in educating students on core American values such as fairness, equality, justice, respect for others, and the right to dissent, fostering democratic values and responsible citizens who can adapt to changing times and decide important social issues.
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Frequently asked questions
Freedom of expression is the right to articulate opinions and ideas without interference, retaliation, or punishment from the government. This includes spoken and written words as well as symbolic speech, such as what a person wears, reads, performs, or protests.
Yes, freedom of expression is protected by the First Amendment of the US Constitution, which states that "Congress shall make no law...abridging freedom of speech." This right has been strengthened by Supreme Court rulings in cases arising from the civil rights movement, such as NAACP v. Alabama (1958) and Garner v. Louisiana (1961).
While the First Amendment protects freedom of expression, there are some limitations. For example, individuals may not make false statements that defame or libel someone, constitute a genuine threat, or harass or incite imminent unlawful action. Additionally, private institutions, such as private schools, have more leeway to set their own rules on free expression than public institutions.
