Freedom of Speech
The First Amendment exists to prevent a public official from limiting an individual's expression of a belief or opinion. Whether the limitation violates the individual's right depends upon the circumstances of the case.
In two areas, the Supreme court has traditionally accepted limitations.
- Commercial speech:The government can restrict advertizing; for example, a business can't put tap water in a bottle and claim that drinking the liquid will cure cancer.
- Public schools:Administrators can protect their educational goals; for example, a student can not disrupt a math class by shouting passages from the Bible.
Importantly, these limitations on free speech can only be increased by inaction. Allowing the government to censor expressions of conscience - especially when those expressions are unpopular - harms the censored individual, as well as American culture and society.
Protecting Your Rights
A group of high-achieving but otherwise typically awkward high school students get together to write an "underground newspaper". The paper contains one article decrying the length of the classes and the nature of homework assignments. Another claims that the student government exists only to provide its officers with an activity that looks good for college admissions. A third article compares the principal to a comedic character.
When the paper is discovered by an administrator, the students are expelled for distributing materials without permission. The regulation violates the Constitution both for requiring prior approval for the sharing of ideas and for banning all written material.
Most shocking was the fact that, a decade earlier, the local court had ruled on an identical regulation in a neighboring county. The court had declared the regulation unconstitutional. If the students had not challenged the regulation, the school system would have continued to enforce an illegal law.
The lesson is clear: do not assume that an official's repression of your expression is lawful.
How I Can Help You
Freedom of expression is critical to the health of an individual and America. Demand the right to be heard.If a public official is preventing you from practicing your religion, protesting governmental action, producing art, or engaging in politics, contact me.