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Welcome back to the First Amendment for Dummies! In today’s post we will be focusing on defining free speech and how it is protected by the First Amendment. Specifically, we will be focusing on what exactly is free speech, how it is affected by the First Amendment, and what separates hate speech from free speech. So, without further ado, let’s jump right in!

What does the First Amendment say about Free Speech?

I know that the First Amendment is defined in almost all of the blog posts on this site, however, it is important that we fully understand what it contains, since it is the topic of the blog! According to the US Constitution, the First Amendment states that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of people peaceably to assemble and to petition the Government for a redress of grievances.”

This essentially means that Congress, aka the US government, is legally not allowed to make any laws banning free speech or laws that allow/promote censorship. Although the government is not allowed to censor anyone or take away their right of free speech, the First Amendment does not protect individuals against censorship by private entities and companies.

So, what is Free Speech?

According to the US Courts, freedom of speech includes the right:

• Not to speak (West Virginia Board of Education v Barnette)
• Of students to wear black armbands to school to protest a war (students do not shed their constitutional rights at the schoolhouse gate)
• To use certain offensive words and phrases to convey political messages (Cohen v California)
• To contribute money to political campaigns (Buckley v Valeo)
• To advertise commercial products and professional services (with some restrictions) (Bates v State Bar of Arizona)
• To engage in symbolic speech (ex. burning the flag in protest) (United States v Eichman)

However, freedom of speech does not include the right:

• To incite imminent lawless action (Brandenburg v Ohio)
• To make or distribute obscene materials (Roth v United States)
• To burn draft cards as an anti-war protest (United States v O’Brien)
• To permit students to print articles in a school newspaper over objections of the school administration (Hazelwood School District v Kuhlmeier)
• Of students to make an obscene speech at a school-sponsored event (Bethel School District #43 v Fraser)
• Of students to advocate illegal drug use at a school-sponsored event (Morse v Frederick)

As you can see, defining the term “free speech” is incredibly complicated, and many specific actions have been ruled as either protected or not protected under the First Amendment as free speech in a plethora of court cases over time. Based on this information, it seems just as important to know your what is protected, as well as what is not protected by the First Amendment (in terms of free speech).

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So when does “free speech” lose protection?

Simply put, free speech becomes illegal when it is not free speech anymore. This means that when free speech turns into anything that is not protected by the First Amendment, such as violent threats, misinformation and disinformation, as well as fake news. Now that we know

According to Collins Dictionary, a threat is defined as, “a danger that something unpleasant might happen to them, and the cause of this danger,” while violence is defined as, “a behavior which is intended to hurt, injure, or kill people.” In combining these two definitions, a violent threat can be scene as a danger that a hurtful behavior might occur to someone.

According to the Merriam-Webster Dictionary, misinformation is defined as, “incorrect or misleading information” which is published usually without harmful intent or knowledge that this information is in fact misinformation; however, the same source defines disinformation as, “false information deliberately and often covertly spread (as by the planting of rumors) in order to influence public opinion or obscure the truth.” Both of these types of fake information contribute to the problem of “fake news,” which is simply false information spread around the internet.

According to the American Library Association, although hate speech is technically protected under the First Amendment, any incitement of dangerous actions (such as riots) are not protected, which is the exception which usually leads most hate speech (as well as hateful threats) to not be protected under the First Amendment.

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In conclusion … free speech is an incredibly difficult topic to discuss. There are so many specific instances that are protected and not protected under the First Amendment as a result of several US Court Cases throughout history. In my opinion, the most important thing when thinking about free speech is to remember that your ideas and opinions are protected (just remember not to display them as facts, as it may lead to misinformation, and therefore would not be protected under the First Amendment), but to steer clear from any hateful or inciting speech anywhere you go.

Thanks for following along with my blog this semester, and I hope you learned something new and fun from any of the posts! Have a fantastic summer 🙂

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Welcome back to the First Amendment for Dummies! In today’s post, we will be discussing social media and how the First Amendment affects what is legally able to be posted online. We will be reviewing what exactly is granted through the First Amendment, how different types of speech factor into the First Amendment, and who owns the internet.

What is the First Amendment?

Since this blog focuses on the First Amendment, it is important that we understand what exact rights are laid out in it, word by word. According to the US Constitution, the First Amendment says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

In previous blog posts, we discussed challenges to the First Amendment as well as how it comes into play during protests and riots. In this post, we will specifically be focusing on how the First Amendment comes into play when interacting online, and how freedom of speech and social media intersect.

What does the First Amendment protect online?

According to the Freedom Forum, “The First Amendment protects individuals from government censorship.” This means that the government is not allowed to censor anyone or restrict free speech in any way; however, the First Amendment mentions nothing about censorship and restricting free speech by private companies. Since social media platforms (such as YouTube, Instagram, Twitter, and Facebook) are private companies, they can censor what people post on their websites as they see fit.

The only piece of government protection over social media is Section 230, which protects the free internet. According to the Electronic Frontier Foundation, Section 230 “protects Americans’ freedom of expression online by protecting the intermediaries we all rely on.”

The law itself states, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

Essentially, this law means that everyone should be responsible for their own statements online, but not the posts and statements of others. This law was actually passed by Congress because it recognized that promoting more user speech online outweighed potential harms, since then the people who write hate speech will be punished rather than the platform.

Some people and legislators (including past President Trump and current President Biden) have tried to overthrow Section 230. This is because of the dramatic rise of hate speech and errors in content regulation on social media platforms in recent times. These people want the social media platforms to be held more responsible for the content that is banned versus the hate speech that continues to thrive online.

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Different types of speech and the First Amendment online

Hate speech: speech that offends or attacks people on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, disability, disease, or other traits.

How it factors into the First Amendment: The First Amendment protects hate speech from government censorship unless that speech incites or is likely to incite imminent lawless action.

Misinformation: false or inaccurate information. Examples include false rumors, insults and pranks, while examples of more deliberate disinformation include malicious content such as hoaxes, spear-phishing and propaganda (as well as fake news).

How it factors into the First Amendment: The First Amendment protects false statements of facts (although it does allow for people who make false statements of fact that damage others’ reputations to be sued for defamation).

Harassment: unwanted behavior that makes someone feel degraded, humiliated, or offended. This does not include true threats of violence, which are banned by most social media platforms and are not protected by the First Amendment.

How it factors into the First Amendment: The First Amendment does not protect true threats from government censorship; however, some anti-bullying laws have been struck down for violating the First Amendment.

(All information in this section is from the Freedom Forum’s article “Free Speech on Social Media: The Complete Guide”)

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In conclusion… the First Amendment can only protect so much on the internet. Section 230 is important to promoting free speech across the internet, however, some people argue that it should be repealed or edited to hold social media companies/platforms more liable for hate speech that is allowed to thrive versus what is taken down. Don’t forget to watch what you post and support/like on social media, and stay safe online!!

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Welcome back to The First Amendment for Dummies! Today we are going to focus on the freedom of assembly that is outlined in the First Amendment, which although can be used for all sorts of group gatherings and meetings, is commonly used when referring to protests. The most important questions that we will be answering today are:

• What is a protest?
• What is the difference between a peaceful and violent protest? And,
• What rights are given and protected by law (under the First Amendment in the Constitution) regarding protests/protesters?

What is a protest?

According to the Merriam-Webster online dictionary, protest (as a noun) means, “a solemn declaration of opinion and usually dissent,” “the act of objecting or a gesture of disapproval, especially a usually organized public demonstration of disapproval,” “a complaint, objection, or display of unwillingness usually to an idea or a course of action,” and “an objection made to an official or a governing body of a sport.

As you can see, a protest is a reaction of disapproval and/or unwillingness taken by a group of people (usually referred to as “protesters”), which is usually made against the official or governing body. Simply put, a protest is when people of a similar opinion come together to voice their opinions to the public eye, and publicly disapprove of actions taken by governments, companies, people, and more.

Some famous and influential protests in American history were:

• The Boston Tea Party (1773): the first significant act of rebellion by American colonists against the British.
• Women’s Suffrage Parade (1913): the first major demonstration of the fight for women’s suffrage in the US.
• The March for Our Lives (2018): protest held in response to a devastating school shooting in Florida where 17 students were killed. The protesters demanded harsher gun laws in the US to prevent more deadly school shootings (and other similar tragedies) in the future.

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What is the difference between a “peaceful” and a “violent” protest?

As was defined earlier, a protest is “a usually organized public demonstration of disapproval” (usually of some law, policy, idea, etc.). When a protest becomes violent, however, it becomes a riot, which is defined as “a disturbance of the peace created by an assemblage of usually three or more people acting with a common purpose and in a violent and tumultuous manner to the terror of the public.”

Although the difference between a violent and peaceful protest is not officially defined in the US Code, it seems that public knowledge and official dictionary definitions can help to define the difference between the two. Another way to differentiate is with the law: the federal Anti-Riot Act of 1968 prohibits the use of any facility to incite or participate in a riot, and many states have individual laws against riots as well.

A historical example of a riot is the Stonewall Riots of 1969. In June of 1969, police entered the Stonewall Inn (which was a well-known gathering place for young LGBTQ people), arrested employees, roughed up many patrons, and cleared the bar. It was the third raid of this sort, and the LGBTQ community was upset; so, a crowd outside the bar responded actively and angrily by jeering and throwing debris at the police. The riots continued for the next five days, which provided a crucial spark for the LBGTQ rights movement in the US.

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What exactly does the First Amendment protect (in terms of protests)?

The First Amendment protects the right to free speech, freedom of the press, and freedom of assembly. Lawful assembly is protected, meaning “the right of the people peaceably to assemble.” Over the years, the Supreme Court has ruled that it is lawful to support all different kinds of viewpoints. Local governments, however, can require permits to be obtained before marches and rallies are held (for all groups), which would make it unlawful to hold a protest without one.

Assembly becomes unlawful when persons gather to commit a crime involving force or a noncriminal act in a manner likely to terrify the public. This could easily escalate into riot territory, which was defined above. Riots usually spring from some sort of grievance and become a form of protest, or an attempt to raise awareness about an issue. They may also be outpourings of frustration from deprived or oppressed people. However, riots can also be ground simply in hate, anger, or prejudice.

Overall, the First Amendment only protects peaceful protests, or lawful protests. It does not not protect unlawful protests or riots, and can only protect citizens against the government. This means that the First Amendment cannot protect anyone against the private sector, so private companies still hold the right to fire people that participate in protests.

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Overall, protesting is a vital part of US History, and will continue to be a popular way for groups of people to fight for what they believe in. Although history has proven that riots (or violent protests) can accomplish goals, such as what happened during the Stonewall Riots, it is important to know your rights, and what is protected under the First Amendment.

Just remember before attending a protest that, by law, only peaceful protests are protected, and the law can only protect you from the government, not private entities such as any businesses/companies you may work for or be associated with.

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Welcome back to The First Amendment for Dummies – where we discuss everything having to do with the First Amendment to the US Constitution (what it is, how it was established, challenges it has had throughout history, and how it applies to our modern day world!). In today’s post (a continuation of last week’s post), we are going to dive into how the First Amendment has been challenged throughout history – as stated in the title. Last week we explored the 20th century – plagued with two world wars, civil rights movements, both Red Scares, and so much more that threatened democracy and free speech in the US. Although 21st century history is a lot more recent and easy to remember for most of us, the First Amendment has still been facing similar challenges too freedom as it did during the previous century. So without further ado, let’s jump straight back into our First Amendment Timeline!

The 21st Century

2000: To start of the century, the court case Santa Fe Independent School District v. Doe ruled that a school district’s policy, which permitted student-led and student-initiated prayer at football games, violated the establishment clause of the First Amendment.

2001: The Supreme Court ruled that a federal law prohibiting the publication of illegally intercepted wire communications violated the First Amendment rights of those who published the communications, though they were not the group who intercepted them. In this case, the Court reasoned that the application of the law to the defendants implicated the core provision of the First Amendment, since it imposed sanctions on the publication of truthful information of public concern. This case was titled Bartnicki v. Vopper.

2002: In this year, the US Supreme Court ruled – in the case of Republican Party of Minnesota v. White – that a provision prohibiting judicial candidates from announcing their views on disputed legal or political issues violates the First Amendment.

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2003: In the case of United States v. American Library Association, Inc., the US Supreme Court upheld the Children’s Internet Protection Act. This law requires public libraries and public schools to install filtering software on computers in order to receive federal funding.

2007: In the case of Morse v. Frederick, the US Supreme Court ruled that principal Deborah Morse did not violate the First Amendment rights of high school student Joseph Frederick when she punished him for displaying a “Bong Hits 4 Jesus” banner on a public street directly across from his school while the Winter Olympic Torch Relay passed through Juneau, Alaska. In this case, the Court created a “drug speech” exception to the First Amendment.

2011: During Brown v. Entertainment Merchant’s Association, the US Supreme Court ruled that video games are a form of speech that is, in fact, protected by the First Amendment. The Court held the state of California’s law that restricting the sales or rental of violent video games to minors is actually unconstitutional.

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2014: In the case of Lane v. Franks, the US Supreme Court unanimously ruled that the First Amendment protected a public employee who was fired by his employer after he provided truthful court testimony which was pursuant to a subpoena. This decision by the Court provided an exception to the broad and categorical rule that limited public employee speech.

2017: In the case of Packingham v. North Carolina, the US Supreme Court – once again- unanimously voted to invalidate a North Carolina law that prohibited sex offenders from accessing social media websites. In this decision, the Court said that social media users, including sex offenders, access websites covered under the law for a wide range of lawful activities.

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In conclusion … It is extremely important to know about the history, as well as the trials and tribulations, of the First Amendment in order to truly understand what the First Amendment is, what it protects, and how it cane be used (in court and in everyday life). I hope that these last two posts were able to be a thorough guide in understanding the history of the First Amendment (and, as always, be sure to check out the First Amendment Timeline to see every court case from the past two centuries since I couldn’t mention them all!), and be sure to look out for my next post where we dive into how the First Amendment applies to modern day society through protests!

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Welcome back to the “First Amendment for Dummies” blog, where we dive into everything about the First Amendment: what it is, the history behind it, how it applies to modern day life, and so much more! In the last post I gave an introduction to what exactly the First Amendment is, and what it protects; however, it is hard to truly understand the power of such a law until you learn a bit about the challenges it’s been through throughout history. Today, I am going to take you through the 19th and 20th centuries (just after the First Amendment was passed!) to explore what affect this amendment had on American society, and how it has survived challenges through thick and thin to get all the way to the 21st century!

The 20th Century

1907: This year is significant, mostly because it was when the first free-press case took place in America (in Patterson v. Colorado). In this case, the Supreme Court decided that it does not have the jurisdiction to review and “contempt” conviction of the US Senator and Denver newspaper publisher Thomas Patterson for articles and a cartoon that criticized Colorado’s state court.

1917-1918: These years were tough, and can almost be seen as taking a step back from the liberties that are granted through the First Amendment- all as a result of World War 1. in 1917, the Espionage Act was passed, which made it a crime to willfully obstruct recruiting of US forces and to attempt to cause disloyalty, mutiny, or refusal of duty. In 1918, Congress passed the Sedition Act, which forbid spoken or printed criticism of the US government, Constitution, or flag.

1919: When the US Supreme Court upheld the convictions of five people charged with violating the Espionage Act (in Abrams v. United States), there were several conflicting opinions. While some agreed with the conviction since the group was circulating pamphlets that were critical of the US government and its involvement in WW1, Justice Holmes believed that the ultimate good was found by reaching free trade in ideas. This belief later became the foundation for the “marketplace of ideas” theory that is outlined in the First Amendment.

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1931: In the case Stromberg v. California, the Supreme Court reversed the conviction of Yetta Stromberg, who was a young member of the Young Communist League, and violated a state law which prohibited the display of a red flag as an emblem of opposition to the US government. This was the first time that the Supreme Court recognized that protected speech may be nonverbal, and take the form of symbolic and artistic expressions (such as flags, dances, artwork, and so much more!).

1942: In Chaplinksy v. New Hamsphire, “fighting words” were determined to not be protected by the First Amendment. In this case, “fighting words” were established to be words that inflict injury and/or incite an immediate breach of peace. These words are of slight social value, and therefore do not contain many benefits to use.

1964: The US Supreme Court overturned a libel charge against the New York Times in New York Times Co. v. Sullivan, ruling that public officials may not recover damages for a defamatory falsehood relating to their conduct unless they prove the statement was made with actual malice.

1972: In the case of Branxburg v. Hayes, the Supreme Court found that the First Amendment does not exempt reporters from providing relevant information to a jury. They rejected a reporter’s claim that the flow of information available to the press will be cut off if reporters are forced to release the names of confidential sources for use in a government investigation.

1989: This is when Congress passed the Flag Protection Act, which punishes anyone who knowingly mutilates, defaces, defies, burns, or tramples upon any US flag.

1992: In the case of R.A.V. v. City of Saint Paul, the Supreme Court invalidated a Saint Paul, Minnesota hate-speech ordinance. They did this because they said that it violated the First Amendment. This is one of the first times that hate speech and the First Amendment were deliberated together within a courtroom.

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Thanks for following along with part 1 of the Historical Challenges to the First Amendment! There were so many intriguing court cases that occurred in the 19th Century, so it was impossible to include them all. If you would like to check out the other court cases, however, and gain more information on the ones mentioned today, check out the First Amendment Timeline published by The Free Speech Center (where all the information came from for today’s blog post!). Hope to catch you next time where we dive into the historical challenges to the First Amendment in the 20th Century!

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Welcome to my Civic Blog, completely focused on the First Amendment and it’s application in modern day society! I could not be more excited to spend this semester going into detail on the topic of free speech in the US. To be able to really dive into this topic and apply it to all of our lives, however, it is necessary to explain what the First Amendment is in the first place; so, that is what we will be unpacking here today!

What is the First Amendment?

The First Amendment is the first amendment that was made to the US Constitution (as the name suggests!). Twelve Amendments were introduced by James Madison in 1789, and ten of the twelve would go on to become what we now call the Bill of Rights. One of the twelve was never passed, while the other was not ratified until 1992 when it became the 27th Amendment.

According to the White House, “The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.”

What is freedom of speech?

Throughout US History, the Supreme Court has struggled to determine what exactly meets the parameters of free speech. It is usually defined as direct speech (words) and symbolic speech (actions). Through many different case outcomes, the US Courts have determined that freedom of speech includes the right not to speak, of students to wear colored armbands to protest topics such as war, to use certain offensive words and phrases to convey political messages, to contribute money to political campaigns, to advertise commercial products and professional services, and to engage in symbolic speech.

What is freedom of the press?

Freedom of the press is what protects the voices of news officials and broadcasters, journalists, writers, and more. Without this right, the facts and opinions voiced in media and news outlets would not be protected, and could be infringed upon by the US government.

According to ACLU, freedom of the press is critical to a democracy in order to hold the government accountable to the people. It also creates a great space for individuals to share and learn of new topics, facts, and ideas. Freedom of the press also allows journalists to serve as watchdogs to investigate and report on government wrongdoing.

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What is freedom of assembly?

Freedom of assembly ensures that people can gather and host meetings publicly and privately. This right allows people to host meetings based off of shared interests (such as clubs), play sports (in teams), host academic classes or study sessions, and so much more. According to the Human Rights House, however, governments often violate the freedom of assembly to suppress dissent and certain voices.

Unfortunately the rules of freedom of assembly become murky when it comes to public protests, even when peaceful. The right of peaceful protest is a core component to the First Amendment; however, peaceful protestors are often subject to arrest, violence, threats, and/or manipulation by law enforcement.

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That’s a wrap on an introduction to the First Amendment of the US Constitution (and the Bill of Rights)! Thanks for sticking around, and see you next time when we discuss the freedom of the press in more detail, and delve into how it applies to modern day life in today’s society 🙂