- Big Q: Are all people created equal?
- Big Q: Is art getting better or worse?
- Big Q: Are books dead?
- Big Q: Why are 43 percent of Americans barely able to read?
- Big Q: Who's better at communicating -- men or women?
- Big Q: Are there any modern mummies?
- Big Q: Is texting the end of talking?
- Big Q: Is privacy a dying concept or the next battleground?
- Big Q: Is the Internet making us sicker?
- Big Q: What makes a good citizen?
- Big Q: Is race a social construct?
- Big Q: Can love actually kill you?
- Big Q: Should we force a cap on the U.S. population?
- Big Q: Do prisons create more criminals?
- Big Q: If the 1 percent had less, would the 99 percent really have more?
- Big Q: Are humans meant to be monogamous?
- Big Q: Can humanity counteract the damage it's done to Earth?
- Big Q: Is global warming real?
- Big Q: Is healthy food a right or a privilege?
- Big Q: What is Gender?
- Big Q: Is there a "gay gene"?
- Big Q: Are rich people smarter?
- Big Q: If you saw someone being mugged would you stop to help?
- Big Q: Can music make you smarter?
- Big Q: What role does creativity have in business?
- Big Q: Should your health be public information?
- Big Q: Can prayer heal cancer?
- Big Q: Is there life before birth?
- Big Q: Is racism hereditary? (Is there a racist gene?)
- Big Q: Would the world be different if we all looked alike?
- Big Q: Are we inherently evil?
- Big Q: Is it better to confess a lie or keep it secret?
- Big Q: Will the world end in 2012?
- Big Q: What's the first thing you'd say to an alien?
- Big Q: Is there a sixth sense?
- Big Q: Is God evil?
- Big Q: Should fast food be outlawed?
- Big Q: Why is depression becoming more common?
- Big Q: Will surgeons be replaced by robots?
- Big Q: Can we arrest aging by destroying certain cells in our bodies?
- Big Q: Is any place in the U.S. safe from Mother Nature?
- Big Q: Does the Mayan calendar predict our doom -- will the world end in December 2012?
- Big Q: Did the Mayans use multiple calendars?
- Big Q: Why did the Mayans use a 260-day calendar?
- Big Q: Will humans still look the same 10,000 years from now?
- Big Q: Can the brain solve problems while the body sleeps?
- Big Q: What impact does ocean acidification have on undersea life?
- Big Q: Would we age differently on another planet?
- Big Q: Are near death experiences just hallucinations?
- Big Q: Is fashion empowering?
- Big Q: Can playing games make us smarter?
- Big Q: Could a hacker take down the Internet?
- Big Q: Do animals have a sense of right and wrong?
- Big Q: Do clothes really make the man (or woman)?
- Big Q: Does having children make us happier?
- Big Q: Does monogamy make us happier?
- Big Q: Does quantum foam hold the keys to time travel?
- Big Q: Does the Internet make travel irrelevant?
- Big Q: Does the modern prison system work?
- Big Q: Have credit cards made us poor?
- Big Q: How does science fiction predict the future?
- Big Q: How has the Internet changed politics?
- Big Q: How is globalization changing culture?
- Big Q: Is marriage dead?
- Big Q: Is taxation stealing?
- Big Q: Is the "American Dream" really possible?
- Big Q: Is the U.S. Constitution out of date?
- Big Q: Is there an ideal form of government?
- Big Q: Is your personal information the new currency?
- Big Q: What are the odds of surviving a plane crash?
- Big Q: What does 'free speech' really mean?
- Big Q: What does it take to explore the Mariana Trench?
- Big Q: What is fashion?
- Big Q: What is the future of the book?
- Big Q: What is the future of travel?
- Big Q: Why are humans competitive?
- Big Q: Why does fashion change?
- Big Q: Why does health care in the United States cost so much?
- Big Q: How much longer will we use paper currency?
- Big Q: Is technology killing our ability to practice patience?
- Big Q: Who is the world's most powerful person?
- Big Q: Does good grammar still matter?
- Big Q: Is Internet access a right or a privilege?
- Big Q: Are we getting dumber?
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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