Constitution Day 2022: The First Amendment & Freedom of Expression

The right to freedom of speech allows individuals to express themselves without government interference or regulation. 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. Generally, a person cannot be held liable, either criminally or civilly for anything written or spoken about a person or topic, so long as it is truthful or based on an honest opinion and such statements. (Cornell Law School)

The First Amendment guarantees our right to free expression and free association, which means that the government does not have the right to forbid us from saying what we like and writing what we like; we can form clubs and organizations, and take part in demonstrations and rallies.

• Not to speak (specifically, the right not to salute the flag).
  West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).
• Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
  Tinker v. Des Moines, 393 U.S. 503 (1969).
• To use certain offensive words and phrases to convey political messages.
  Cohen v. California, 403 U.S. 15 (1971).
• To contribute money (under certain circumstances) to political campaigns.
  Buckley v. Valeo, 424 U.S. 1 (1976).
• To advertise commercial products and professional services (with some restrictions).
  Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).
• To engage in symbolic speech, (e.g., burning the flag in protest).
  Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).