Freedom of speech—the right to express opinions and ideas without government interference—is enshrined in the First Amendment to the US Constitution. The amendment states: "Congress shall make no law abridging the freedom of speech, or of the press." The principle traces its philosophical roots to ancient Greece, where the concept of "parrhesia"—the obligation to speak freely, even to those in power—shaped early democratic thought.
Although the First Amendment was ratified in 1791, its protections were limited in scope for much of the 19th century. This was because the Bill of Rights originally applied only to the federal government—not to the states—until the Supreme Court gradually incorporated its protections through the 14th Amendment. In the 1920s, legal advocates first began using the First Amendment to challenge state and local laws.
Since then, landmark cases have defined which speech the Constitution protects and which it does not. Today, the United States is widely considered one of the most speech-protective nations in the world.
Hours of research by our editors, distilled into minutes of clarity.
Most Americans cite the amendment on free speech, but the First Amendment also protects religion, the press, peaceful assembly, and the right to petition the government—five separate guarantees in a single sentence.
This page explains the categories of speech—including defamation, incitement, true threats, fraud, and obscenity—the Supreme Court has placed outside First Amendment protection and how courts determine which standard to apply when speech is challenged.
This podcast examines how American free speech protections evolved—from the Founders' debates to landmark Supreme Court rulings—and why the country arrived at one of the most expansive speech regimes in the world.
Well-known First Amendment lawyer Floyd Abrams explains that the US offers stronger free-speech protections than even close democratic allies, where hate speech is criminalized, libel laws favor plaintiffs, and a "right to be forgotten" can erase truthful information from the internet.
Madison's first proposed language guaranteed the right "to speak, to write, or to publish" one's sentiments freely—broader and more explicit than the final text—and described the free press as "one of the great bulwarks of liberty."
From the abolition of slavery to South African apartheid, this podcast explores how censorship has historically been used to suppress racial justice movements—and to promote them—and asks whether free speech is a foundation for, or a threat to, equality.
From the Sedition Act of 1798 to the prosecution of anti-war activists during World War I, the US government repeatedly curtailed speech and dissent during wartime—actions widely criticized and, in some cases, later deemed unconstitutional.
In 1969, the Supreme Court ruled that two Iowa teenagers had the right to wear black armbands to school in protest of the Vietnam War, establishing that students retain First Amendment protections in public schools.
In Schenck v. United States (1919), the court introduced the "clear and present danger" test—permitting the government to restrict speech that posed an immediate threat to public safety. Although the doctrine was later replaced, the ruling upheld the conviction of a man who had distributed anti-draft pamphlets.
In his landmark dissent in Abrams v. United States, Justice Holmes argued that the best way to combat harmful ideas is through open competition—a principle that became foundational to modern First Amendment law.
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