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:Congress shall make no law ... abridging the '''freedom of speech''' ....

:Congress shall make no law ... abridging the '''freedom of speech''' ....

The purpose of the free speech was to limit the power of the [[federal government]].  For [[James Madison]], "the First Amendment is not about self-expression, the search for truth as an end in itself, or even the opportunity for political participation as a means of self-fulfillment — it is about checking abuses of power."; he did not even cite the First Amendment in criticizing the [[Sedition Act]].<ref>http://www.law.virginia.edu/html/news/2004_spr/blasi.htm</ref>

The purpose of the free speech was to limit the power of the [[federal government]].  For [[James Madison]], "the First Amendment is not about self-expression, the search for truth as an end in itself, or even the opportunity for political participation as a means of self-fulfillment — it is about checking abuses of power." The First Amendment was only mentioned in passing in his objections to the [[Sedition Act of 1798]].<ref>http://www.law.virginia.edu/html/news/2004_spr/blasi.htm</ref>

After the [[Civil War]] and the passage of the [[Fourteenth Amendment]], the [[U.S. Supreme Court]] expanded the [[First Amendment]] to apply against all forms of government, such as [[state]] and [[local government]]s.   

After the [[Civil War]] and the passage of the [[Fourteenth Amendment]], the [[U.S. Supreme Court]] expanded the [[First Amendment]] to apply against all forms of government, such as state and local governments.   

== What Free Speech Is ==

== What Free Speech Is ==

Supreme Court Justice Louis D. Brandeis wrote in ''Whitney v. California'', 274 U.S. 357

Supreme Court Justice Louis D. Brandeis wrote in ''Whitney v. California'', 274 U.S. 357

(1927):

(1927):

*[The Founding Fathers] believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty; and that this should be a fundamental principle of the American government. <ref> [http://www.cwfa.org/images/content/hecklers-veto-05.pdf] </ref>

*[The Founding Fathers] believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty; and that this should be a fundamental principle of the American government.<ref>[http://www.cwfa.org/images/content/hecklers-veto-05.pdf Hecklers-veto]</ref>

== What Free Speech is Not ==

== What Free Speech is Not ==

An important distinction is that free speech is ''not'' the right to be able to speak freely in a private setting such as a job or a school.  You can be fired for criticizing your company's product in front of a customer, insulting your boss, etc.

An important distinction is that free speech is ''not'' the right to be able to speak freely in a private setting such as a job or a school.  You can be fired for criticizing your [[company]]'s product in front of a customer, insulting your boss, etc. While the [[government]] may not intrude, private organizations may set their own speech policies, and every citizen has a duty to speak and act responsibly. The First Amendment addresses none of these concerns as protected.

While the government may not intrude, private organizations may set their own speech policies, and every citizen has a duty to speak and act responsibly. The First Amendment addresses none of these concerns as protected.

Speech that is termed "fighting words" is not protected speech.  That is to say that speech that causes an act which the law does not protect, is not protected.  Thus, it is not a free speech violation to arrest a person for shouting "Fire!" in a crowded theater when there is no fire.  Similarly, it is not protected speech to advocate the death of the president.

Speech that is termed "fighting words" is not protected speech.  That is to say that speech that causes an act which the law does not protect, is not protected.  Thus, it is not a free speech violation to arrest a person for shouting "Fire!" in a crowded theater when there is no fire.  Similarly, it is not protected speech to advocate the death of the president.

Heckling is a gray area in the ethics of free speech. To a certain extent, interrupting a public speech with question or retorts is tolerated. On the other hand, using heckling as a tactic to stop the speaker is not an expression of free speech (on the heckler's part) as much as it is a violation of the speaker's free speech rights.

Heckling is a gray area in the ethics of free speech. To a certain extent, interrupting a public speech with question or retorts is tolerated. On the other hand, using heckling as a tactic to stop the speaker is not an expression of free speech (on the heckler's part) as much as it is a violation of the speaker's free speech rights.

Also, according to conservative judge William Rehnquist, free speech is not the ability to burn the American flag.

Also, according to conservative judge William Rehnquist, free speech does not include the right to burn the American flag.

== Origins ==

== Origins ==

The jury acquittal of [[John Peter Zenger]] (1735) in the colony of New York played an important early role in expanding freedom of press and free speech.

The jury acquittal of [[John Peter Zenger]] (1735) in the colony of New York played an important early role in expanding freedom of press and free speech.

== References ==

== References ==

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[[category:politics]]

 

[[Category:United States Constitution]]

[[Category:First Amendment]]