| Line 3: |
Line 3: |
| | :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 == |
| Line 12: |
Line 12: |
| | 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 Hecklers-veto] </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 == |
| Line 21: |
Line 21: |
| | 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 == |
| Line 44: |
Line 44: |
| | | | |
| | | | |
| − | [[Category: United States Constitution]] | + | [[Category:United States Constitution]] |
| − | [[Category: United States Law]] | + | [[Category:Religion and Politics]] |
| | + | [[Category:First Amendment]] |