Free Speech in America

Let's start by defining free speech in America under the 1st Amendment of the US Constitution:

Free Speech includes the right to:

1. Not speak/not salute the flag
2. Protest
3. Use offensive language
4. Donate to political campaigns
5. Advertise commercial products
6. Symbolic speech (e.g. burning a flag)

It does not include the right to:

1. Incite harmful actions
2. Burn draft cards to protest a war
3. Print articles against a school in a school newspaper
4. Give obscene speeches at schools

Free speech wasn't invented by Americans. It first appeared in 1215 in the Magna Carta, but that attempt failed. The first successful instigation of Freedom of Speech was in the British Bill of rights, enacted in order to achieve fuller, more open debates among members of Parliament. However, this right did not extend to the citizens of England -- citizens could be beheaded for speaking out!

The second time Freedom of Speech was used was in the French Declaration of the Rights of Man, written in 1789 (The first 12 US amendments were officially added in 1791). This time, all citizens were allowed to have free speech. A quote from the Declaration was "The free communication of thoughts and opinions is one of the most precious of the rights of man. Every citizen may therefore speak, write, and print freely."

1st Amendment in the Bill of Rights

Freedom of Speech in America:

The 1st Amendment, protecting freedom of speech, states the following: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

However, this has been breached several times.

• In Gitlow vs. New York, 1925, a man published a pro-communist article. Later, he was arrested for criminal anarchy.
• In Brandenburg vs. Ohio, 1969, the leader of the KKK was convicted for saying that America was "suppressing the Caucasian Race". While this may have been offensive, it wasn't dangerous.
• This lead to the Brandenburg Test, which says that speech can only be prohibited if (1) it is “directed to inciting or producing imminent lawless action,” and (2) it is “likely to incite or produce such action.” (Think about yelling "Fire!" in a movie theater.)
• During the Civil Rights movement, thousands of people were arrested for peacefully protesting the enforced serration laws. Peaceful protests are allowed today.

Freedom of speech is always evolving and changing in America, as well as in other countries. It is the foundation of America and of the free world.

And with that, I can now safely and lawfully say, "The Earth is flat, and everyone else is wrong."