{"id":30891,"date":"2021-07-02T15:33:55","date_gmt":"2021-07-02T20:33:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment1\/freedom-of-speech.html"},"modified":"2024-10-03T08:33:09","modified_gmt":"2024-10-03T13:33:09","slug":"freedom-of-speech","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment1\/freedom-of-speech.html","title":{"rendered":"Freedom of Speech"},"content":{"rendered":"\n
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Freedom of Speech<\/h1>\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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The First Amendment protects against government actions that infringe upon free speech. But, not all speech is protected.<\/p>\n\n <\/div>\n\n

Widely recognized as a cornerstone of American democracy, the right to free speech plays a vital role in American jurisprudence. We can better understand this constitutional right by examining its evolution and treatment in U.S. Supreme Court cases.<\/p>\r\n

The First Amendment<\/b><\/h2>\r\n

In 1789, James Madison<\/a> authored the Bill of Rights<\/a>, which was introduced to the First Congress with the aim of safeguarding individual liberties and limiting governmental power. It upholds democratic principles by guaranteeing freedom of speech, among other rights.<\/p>\r\n

What is the Free Speech Clause?<\/b><\/h2>\r\n

The free speech clause of the First Amendment to the U.S. Constitution reads:<\/p>\r\n

\u201cCongress shall make no law\u2026abridging the freedom of speech\u2026"<\/i><\/p>\r\n

Initially, it was understood that the First Amendment only applied to the federal legislature. But, in Gitlow v. New York<\/i><\/a>, the Supreme Court held that the Fourteenth Amendment\u2019s due process clause<\/a> extends free speech protection to actions by state governments. This judicial approach is known as "incorporation."<\/p>\r\n

Some Supreme Court justices have advocated for total incorporation<\/a> of the Bill of Rights. But, the Court generally follows a selective incorporation<\/a> approach, meaning the justices extend certain protections to actions by state governments.<\/p>\r\n

In addition to freedom of speech, most of the Bill of Rights has been incorporated in this way, including:<\/p>\r\n