Freedom of speech

Freedom of speech in American law refers to the recognition by the Founders that government interference in the reporting of facts and expression of opinions in lectures, speeches, sermons, street harangues and private conversation frequently does more harm than good. They therefore prevented Congress from enacting any law that would curtail this freedom.

As originally intended, the freedom of speech never meant a perversion of conventions of polite society. You can't insult someone or disturb a religious service with impunity, for example. And of course deliberately creating a panic by falsely shouting fire in crowded theatre is no more a freedom of speech issue than incitement to riot. The principle refers to what you can say, not how or when you can say it.

The American concept of verbal freedom contrasted sharply with that of England and other monarchies of the time, where to make a disloyal public statement was punished as treason. Communist countries in modern times, likewise, define as treason or sedition any criticism of government policy. Not so in the USA.