Freedom of speech is one of the most fundamental of rights in the United States.

Throughout history,
Americans have exercised their freedom of speech in public and in private. However, there are limits to
freedom of speech. In addition, there have been periods when freedom of speech has been especially
threatened. Nonetheless, freedom of speech continues to be treasured by Americans, as well as considered
a right worth fighting and even dying for.

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Freedom of Speech in the Law

 Freedom of speech is protected by the United States Constitution as a fundamental right.
It is included in the Bill of Rights, which was the first set of amendments to the Constitution.
Unlike in many countries, Americans are given the right to criticize the government and
government leaders in public as well as in private.

In the 20th century, the Supreme Court established that freedom of speech also extended to
nonverbal gestures (for example, flag burning), known in the law as freedom of expression. The
Supreme Court has also established that freedom of speech applies to material appearing on the
Internet. Freedom of speech is also written into many state constitutions.

Constitutional Limits on Freedom of Speech

 There are constitutional limits on freedom of speech. There are several levels of scrutiny,
depending on the limitations imposed. Limitations on the manner, time and place where speech
occurs are generally upheld if they are universally applied, allow for alternative means of
expressing the same content, are narrowly defined and are motivated by a legitimate government
interest.

Limits on commercial speech such as advertising are more likely to be upheld than limits on
private speech. Truth in advertising laws are a prime example of such limitations. Restrictions on
obscenity are often overturned, but are more likely to be upheld when applied to hard-core
pornography, with the standard being that the content must have no artistic value and must
appeal to prurient interest.

Fighting words, or speech which is designed to trigger violence, is also restricted. This restriction
is difficult to uphold, however. Hate crime laws in the late 20th century attempted to overcome
these hurdles by focusing on acts surrounding hate-inspired speech that harm the target of the
derogatory or defamatory language.
 The clear and present danger restriction on freedom of speech refers to irresponsible acts such as
yelling "Fire!" in a crowded location where there is actually no fire. In the present, the clear and
present danger restriction is almost always limited to speech that is nonpolitical or unconnected
to protest.

Finally, libel and slander are restricted under the Constitution, although the standards for public
figures such as celebrities are somewhat more lax than for private citizens. Truth is the only
absolute defense against libel and slander accusations.

Censorship and Freedom of Speech

 Restrictions on content and viewpoint are often labeled as censorship. Such restrictions
must pass strict scrutiny and are often overturned. This is almost always the case with prior
restraint, or the restriction of speech before the fact. However, the courts have found that
government has the right to censor its own speech, which has sparked numerous court battles.

During the McCarthy Era, freedom of speech was sharply restricted by the ever-present threat of
being labeled as a Communist, or anti-American. During this period many prominent writers,
entertainers and other public figures were blacklisted, or prevented from working in their fields,
because of accusations, true or not, of membership in the Communist Party. More recently, many
Americans have viewed the Patriot Act and related legislation as unfair restriction on freedom of
speech.

Freedom of the Press

 Freedom of the press is a special type of freedom of speech. Freedom of the press has
also resulted in exposure of wrongdoing in organized crime, in the highest levels of corporate
America and even in the government. Unlike in many countries, freedom of the press is a
recognized right in the United States.

It is also recognized by many Americans that a free press is an important element of democratic
government. A famous instance where freedom of the press worked to expose government
wrongdoing was Watergate, where an investigation by Bob Woodward and Carl Bernstein,
published in "The Washington Post," eventually resulted in the resignation of then-President
Richard M. Nixon, who faced possible impeachment charges.
 Criticism of government and government officials is also recognized as an aspect of freedom of
the press. Many editorial cartoonists, for instance, regularly satirize government figures in
unflattering caricatures. Editorials in writing and on the air also frequently criticize government
decisions and policies.

Protests and Freedom of Speech

 Freedom of assembly is also guaranteed under the Constitution, and along with freedom
of speech, allows peaceful protests for nearly any group. Many state and local laws regulate
demonstrations, but only in the interest of protecting the safety of all citizens and limiting the
disruption of traffic in busy areas.

Civil disobedience, or a deliberate yet peaceful refusal to comply with certain laws, has been
used frequently as a form of protest. During the 20th century, black civil rights activists would
regularly attempt to receive service in segregated restaurants or refuse to move to the back of a
segregated bus. In other instances, protesters will stage sit-ins where they occupy a location,
often a government building, and refuse to leave the premises. These gestures often result in
misdemeanor trespassing charges; however, such charges rarely result in convictions.

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PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the
conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and
belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against
tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human
rights, in the dignity and worth of the human person and in the equal rights of men and women and have
determined to promote social progress and better standards of life in larger freedom,
 Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the
promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full
realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN
RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual
and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education
to promote respect for these rights and freedoms and by progressive measures, national and international, to
secure their universal and effective recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.

Article 1.

 All human beings are born free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood.

Article 2.

 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of
any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status. Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

 Everyone has the right to life, liberty and security of person.

Article 4.

 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms.

Article 5.

 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

 Everyone has the right to recognition everywhere as a person before the law.

Article 7.

 All are equal before the law and are entitled without any discrimination to equal protection of the
law. All are entitled to equal protection against any discrimination in violation of this Declaration and
against any incitement to such discrimination.

Article 8.
 Everyone has the right to an effective remedy by the competent national tribunals for acts violating
the fundamental rights granted him by the constitution or by law.

Article 9.

 No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

 (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty
according to law in a public trial at which he has had all the guarantees necessary for his defence.
 (2) No one shall be held guilty of any penal offence on account of any act or omission which did not
constitute a penal offence, under national or international law, at the time when it was committed. Nor shall
a heavier penalty be imposed than the one that was applicable at the time the penal offence was
committed.

Article 12.

 No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of
the law against such interference or attacks.

Article 13.

 (1) Everyone has the right to freedom of movement and residence within the borders of each state.
 (2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

 (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
 (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political
crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

 (1) Everyone has the right to a nationality.

 (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.

Article 16.

 (1) Men and women of full age, without any limitation due to race, nationality or religion, have the
right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at
its dissolution.
 (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
 (3) The family is the natural and fundamental group unit of society and is entitled to protection by
society and the State.
 Article 17.

 (1) Everyone has the right to own property alone as well as in association with others.
 (2) No one shall be arbitrarily deprived of his property.

Article 18.

 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to
change his religion or belief, and freedom, either alone or in community with others and in public or private,
to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through any media and
regardless of frontiers.

Article 20.

 (1) Everyone has the right to freedom of peaceful assembly and association.
 (2) No one may be compelled to belong to an association.

Article 21.

 (1) Everyone has the right to take part in the government of his country, directly or through freely
chosen representatives.
 (2) Everyone has the right of equal access to public service in his country.
 (3) The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be
held by secret vote or by equivalent free voting procedures.
 Article 22.

 Everyone, as a member of society, has the right to social security and is entitled to realization,
through national effort and international co-operation and in accordance with the organization and
resources of each State, of the economic, social and cultural rights indispensable for his dignity and the
free development of his personality.

Article 23.

 (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions
of work and to protection against unemployment.
 (2) Everyone, without any discrimination, has the right to equal pay for equal work.
 (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and
his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social
protection.
 (4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

 Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.
 Article 25.

 (1) Everyone has the right to a standard of living adequate for the health and well-being of himself
and of his family, including food, clothing, housing and medical care and necessary social services, and the
right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
 (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born
in or out of wedlock, shall enjoy the same social protection.

Article 26.

 (1) Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional education
shall be made generally available and higher education shall be equally accessible to all on the basis of
merit.
 (2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote understanding,
tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the
United Nations for the maintenance of peace.
 (3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

 (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts
and to share in scientific advancement and its benefits.
 (2) Everyone has the right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.

Article 28.

 Everyone is entitled to a social and international order in which the rights and freedoms set forth in
this Declaration can be fully realized.

Article 29.

 (1) Everyone has duties to the community in which alone the free and full development of his
personality is possible.
 (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as
are determined by law solely for the purpose of securing due recognition and respect for the rights and
freedoms of others and of meeting the just requirements of morality, public order and the general welfare in
a democratic society.
 (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles
of the United Nations.

Article 30.

 Nothing in this Declaration may be interpreted as implying for any State, group or person any right
to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms
set forth herein.

 
 Fundamental rights are usually defined as the absolute rights that a citizen of a country possesses that cannot,
under the majority of circumstances, be taken from the citizen. Sometimes, the term is used more loosely with
a suggestion that all people have basic or human rights to which they should be entitled. From a legal
standpoint, these rights are mainly those stated in legal rulings or region laws, though sometimes certain rights
are thought so basic they’re inferred.

Many countries state the rights of their citizens. The US is an example of this, and the Bill of Rights and
Amendments to the Constitution, like the 14th Amendment, make some of the fundamental rights of citizens
very clear. These basic rights include freedom of speech and press, the right to expedient trials, freedom of
religion, and the right to assemble. Freedom from discrimination and right to vote are other provisions.

While these rights are explicitly written, there are some that may be considered even more fundamental from a
legal prospective, though open to interpretation by judicial ruling. The right to refuse medical treatment to a
child if it goes against a person’s religion, such as Jehovah’s Witness parents refusing blood transfusions for
their children, is a challenging subject but will usually be thought a right of the parent. Another potential
fundamental right is to raise children in an unconventional manner, provided there is no abuse.

There are arguments that courts should view other rights as fundamental, such as the right to marriage among
same-sex partners. An argument is often made that rights are fundamental, even if not stated, if most people
have them. The right to marriage appears to be such a right, and yet does not apply to people of the same
gender in most US states.

Interesting precedent exists in US federal and state courts when a right appears fundamental but cannot be won
by vote. Desegregation of schools in some parts of the South had to be achieved through court order instead of
by voting. The courts can become strongly involved in granted these additional rights thought fundamental
because they can deem that part of society will continue to refuse to grant them. A similar decision was made
with Roe v. Wade, which legalized abortion.

Courts, on case-by-case rulings, often interpret other implicit fundamental rights that may not get much
attention in country constitutions. Rights to be safe, rights not to be harassed, rights to live free of pollution, or
rights for children to not be subject to bullying are often thought to be foundational, underscoring rights to
freedom. The difficulty is in interpretation because, with only an implicit understanding that some rights are
fundamental, decisions made by courts can either be stalled for years by other courts that object. Rulings may
also be overturned, even if they expand rights.

Freedom of speech is considered a fundamental right.

The Bill of Rights, which includes the First Amendment, was written to enumerate personal freedoms and
rights that were not expressly described in the U.S. Constitution

Perhaps few human rights have ever received the legal, political and social scrutiny of the concept of freedom
of speech. The First Amendment to the United States' Constitution, along with similar passages in the
framework documents of other countries, addresses this basic right of citizens to express themselves through
written and oral speech. The difficulty with enforcing this ideal, however, lies with the definition of "free
speech" and the rights of governments to restrict or censor potentially dangerous forms of speech.

In essence, much of the original US Constitution's content can be boiled down into one sentence: "Let's not do
it like England." British laws concerning the rights of citizens to express dissenting thoughts against the
government were notoriously strict. The very act of producing a pamphlet or newspaper denouncing the British
government was grounds for very severe punishment. When the framers of the Constitution decided to amend
the original document, the idea of "freedom of speech," especially where it concerned criticism of the
government, became a top priority.

In a legal sense, however, this right does not protect every single word ever uttered or written by individuals.
The First Amendment primarily guarantees that the government itself would not infringe on the right of a "free
press" to publish articles critical of the government. Citizens also had the right to "redress grievances," which
meant they could legally assemble in public areas and deliver speeches without fear of government reprisal.

The concept of has continued to evolve since the days of the American Revolution. It is still legal for private
citizens to express controversial or unpopular speech under most circumstances, which means a group such as
the Ku Klux Klan can deliver speeches or publish material that denigrates African-Americans or other targeted
groups. The rules that govern freedom of speech must be applied equally, regardless of the quality or veracity
of the speech itself.

There are restrictions on the concept, however. Certain words and images cannot be broadcast over publicly
accessible airwaves, for example. The government still has the right to determine if a form of speech violates
existing indecency or pornography laws. Any speech that could be considered provocative "fighting words" or
a call to take immediate illegal action is not protected. The idea of yelling "Fire!" in a crowded theater falls
under this concept of prohibited speech.

The legal and governmental concept does not necessarily apply between private citizens and publishers. The
Constitution only restricts governmental interference with private expressions of free speech. A private
publisher can still refuse to publish a controversial or hate-filled article, and a private owner of a web-based
discussion can still remove objectionable posts unilaterally. While citizens may enjoy the benefits of freedom
of speech, there is also the concept of "freedom from speech," which protects the general public from immoral
or inflammatory forms of expression.

Freedom of speech is an important human right, and one worth defending against threats of arbitrary
governmental censorship or repression. With such freedom, however, does come great responsibility. It does
allow controversial artists, radio shock jocks and others to push the envelope of acceptable speech and artistic
expression, but there should still be some safeguards in place to protect the general population from extreme
forms of speech which violate community standards of decency.

The First Amendment allows people to express themselves without fear of governmental repercussion

Freedom of speech allows people to voice their concerns during a demonstration

In a society that values freedom of speech, students are encouraged to develop their rhetorical and analytical
skills.

Freedom of speech was one of the rights illustrated by Norman Rockwell in his series of paintings called The
Four Freedoms

The First Amendment in the Bill of Rights prevents Congress from passing laws that bar written or oral
speech.
Freedom of speech allows politicians to give speeches expressing their ideas and criticisms of current
leadership

first amendment: an overview

The First Amendment of the United States Constitution protects the right to freedom of religion and
freedom of expression from government interference. See U.S. Const. amend. I. Freedom of
expression consists of the rights to freedom of speech, press, assembly and to petition the
government for a redress of grievances, and the implied rights of association and belief. The
Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment
has been interpreted by the Court as applying to the entire federal government even though it is only
expressly applicable to Congress. Furthermore, the Court has interpreted, the due process clause of
the Fourteenth Amendment as protecting the rights in the First Amendment from interference by
state governments. See U.S. Const. amend. XIV.
Two clauses in the First Amendment guarantee freedom of religion. The establishment clause
prohibits the government from passing legislation to establish an official religion or preferring one
religion over another. It enforces the "separation of church and state." Some governmental activity
related to religion has been declared constitutional by the Supreme Court. For example, providing
bus transportation for parochial school students and the enforcement of "blue laws" is not prohibited.
The free exercise clause prohibits the government, in most instances, from interfering with a
person's practice of their religion.
The most basic component of freedom of expression is the right of freedom of speech. The right to
freedom of speech allows individuals to express themselves without interference or constraint by the
government. The Supreme Court requires the government to provide substantial justification for the
interference with the right of free speech where it attempts to regulate the content of the speech. A
less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized
that the government may prohibit some speech that may cause a breach of the peace or cause
violence. For more on unprotected and less protected categories of speech see advocacy of illegal
action, fighting words, commercial speech and obscenity. The right to free speech includes other
mediums of expression that communicate a message.  The level of protection speech receives also
depends on the forum in which it takes place.   
Despite popular misunderstanding the right to freedom of the press guaranteed by the first
amendment is not very different from the right to freedom of speech. It allows an individual to
express themselves through publication and dissemination. It is part of the constitutional protection
of freedom of expression. It does not afford members of the media any special rights or privileges
not afforded to citizens in general.
The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this
right is the right to association and belief. The Supreme Court has expressly recognized that a right
to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. This
implicit right is limited to the right to associate for First Amendment purposes. It does not include a
right of social association. The government may prohibit people from knowingly associating in
groups that engage and promote illegal activities. The right to associate also prohibits the
government from requiring a group to register or disclose its members or from denying government
benefits on the basis of an individual's current or past membership in a particular group. There are
exceptions to this rule where the Court finds that governmental interests in disclosure/registration
outweigh interference with first amendment rights. The government may also, generally, not compel
individuals to express themselves, hold certain beliefs, or belong to particular associations or
groups.
The right to petition the government for a redress of grievances guarantees people the right to ask
the government to provide relief for a wrong through the courts (litigation) or other governmental
action. It works with the right of assembly by allowing people to join together and seek change from
the government.