Big Question: What does 'free speech' really mean?

In the U.S., we often profess our thanks for having the right to "free speech," but how wide-ranging is that freedom?

Curiosity contributor Bambi Turner looked to the courts to pin down exactly which rights our First Amendment grants us.

In 1791, the First Amendment to the U.S. Constitution was ratified by the states, guaranteeing citizens the right to free speech, freedom of religion, freedom of the press and the right to assemble peacefully.

But what does free speech really mean? And who decides how the First Amendment should apply to everyday life? According to various U.S. courts, free speech is not limited to spoken or written words. It also includes both pure and symbolic speech. For example, citizens are permitted to speak up about politics and share their opinions, but the First Amendment also guarantees Americans the right to express themselves through art and written words and through symbolic actions or performances, including flag-burning and other forms of protest.

Since the First Amendment was written in broad terms and adopted more than 200 years ago, federal courts have the ultimate responsibility for interpreting and applying it in real-life scenarios. Over time, landmark court cases have resulted in exceptions to free speech, in attempts to balance private rights with public good. In a famous example presented by Supreme Court Justice Oliver Wendell Holmes, Jr., a person who yells "Fire!" in a crowded theater is no longer protected by free speech and may be prosecuted for inciting imminent lawless action. The Court has also placed various limitations on free speech in the areas of child pornography, fighting words, defamation and commercial advertising. Even in most of these cases, however, all the government can do is punish speech after the fact. The courts have steadfastly defended against laws that prohibit speech from being said, written, printed or performed in the first place.

One area where the Supreme Court has declined to limit speech is hate speech. In March 2011, the Court ruled that the Westboro Baptist Church was protected by the First Amendment when it used hateful words and signs to protest a military funeral in Maryland in 2006. The ruling represented another in a long line of judicial decisions supporting freedom of speech, even when it goes against popular opinion.

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