Freedom of speech is the political right to communicate one's ideas via speech.
The term freedom of expression is sometimes used synonymously, but includes any act of seeking,
receiving and imparting information or ideas, regardless of the medium used.
In practice, the right to freedom of speech is not absolute in any country and the right is commonly
subject to limitations, as with libel, slander, obscenity and incitement to commit a crime.
The right to freedom of expression is recognized as a human right under Article 19 of
the Universal Declaration of Human Rights and recognized in international human rights law
in the International Covenant on Civil and Political Rights (ICCPR).
Article 19 of the ICCPR states that "[everyone shall have the right to hold opinions without interference"
and "everyone shall have the right to freedom of expression; this right shall include freedom to seek,
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through any other media of his choice".
Article 19 goes on to say that the exercise of these rights carries "special duties and responsibilities"
and may "therefore be subject to certain restrictions" when necessary "for respect of the rights or reputation of others"
or "for the protection of national security or of public order (order public), or of public health or morals"
Among other cherished values, the First Amendment protects freedom of speech. The U.S. Supreme Court often has struggled to determine what exactly constitutes protected speech. The following are examples of speech, both direct (words) and symbolic (actions), that the Court has decided are either entitled to First Amendment protections, or not.
The First Amendment states, in relevant part, that:
Congress shall make no law...abridging freedom of speech.
Freedom of speech includes the right:
Not to speak (specifically, the right not to salute the flag).
West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).
Of students to wear black armbands to school to protest a war ( Students do not shed their constitutional rights at the schoolhouse gate. ).
Tinker v. Des Moines, 393 U.S. 503 (1969).
To use certain offensive words and phrases to convey political messages.
Cohen v. California, 403 U.S. 15 (1971).
To contribute money (under certain circumstances) to political campaigns.
Buckley v. Valeo, 424 U.S. 1 (1976).
To advertise commercial products and professional services (with some restrictions).
Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).
To engage in symbolic speech, e.g., burning the flag in protest.
Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).
Freedom of speech does not include the right:
To incite actions that would harm others (e.g. [S]hout[ing] fire in a crowded theater. ).
Schenck v. United States, 249 U.S. 47 (1919).
To make or distribute obscene materials.
Roth v. United States, 354 U.S. 476 (1957).
To burn draft cards as an anti-war protest.
United States v. OBrien, 391 U.S. 367 (1968).
To permit students to print articles in a school newspaper over the objections of the school administration.
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1983).
Of students to make an obscene speech at a school-sponsored event.
Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).
Of students to advocate illegal drug use at a school-sponsored event.
Morse v. Frederick, __ U.S. __ (2007).
