Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws. The freedom is not absolute; the Supreme Court of the United States has recognized several categories of speech that are excluded from the freedom of speech, and it has recognized that governments may enact reasonable time, place, or manner restrictions on speech.
Criticism of the government and advocacy of unpopular ideas that people may find distasteful or against public policy are almost always permitted. There are exceptions to these general protections, including the Miller test for obscenity, child pornography laws, speech that incites imminent lawless action, and regulation of commercial speech such as advertising. Within these limited areas, other limitations on free speech balance rights to free speech and other rights, such as rights for authors and inventors over their works and discoveries (copyright and patent), protection from imminent or potential violence against particular persons (restrictions on fighting words), or the use of untruths to harm others (slander). Distinctions are often made between speech and other acts which may have symbolic significance.
Despite the exceptions, the legal protections of the First Amendment are some of the broadest of any industrialized nation, and remain a critical, and occasionally controversial, component of American jurisprudence.
Read more about Freedom Of Speech In The United States: First Amendment, Types of Speech Restrictions, Private Actors, Censorship, Internet Speech
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“To be President of the United States, sir, is to act as advocate for a blind, venomous, and ungrateful client; still, one must make the best of the case, for the purposes of Providence.”
—John Updike (b. 1932)
“To the United States the Third World often takes the form of a black woman who has been made pregnant in a moment of passion and who shows up one day in the reception room on the forty-ninth floor threatening to make a scene. The lawyers pay the woman off; sometimes uniformed guards accompany her to the elevators.”
—Lewis H. Lapham (b. 1935)
“Here we have the beautiful British compromise: a man can say anything, he mustn’t do anything; a man can listen to anything, but he musn’t be roused to do anything. By freedom of speech is meant freedom to talk about; speech is not saying-as-an-action.”
—Paul Goodman (1911–1972)
“The freedom of indifference, the indifference of freedom, the will dust in the dust of its object, the act a handful of sand let fall—these were some of the shapes he had sighted, sunset landfall after many days.”
—Samuel Beckett (1906–1989)
“Speech and prose are not the same thing. They have different wave-lengths, for speech moves at the speed of light, where prose moves at the speed of the alphabet, and must be consecutive and grammatical and word-perfect. Prose cannot gesticulate. Speech can sometimes do nothing more.”
—James Kenneth Stephens (1882–1950)
“Emblem: the carapace of the great crowned snail is painted with all the flags of the United Nations.”
—Mason Cooley (b. 1927)
“Today’s difference between Russia and the United States is that in Russia everybody takes everybody else for a spy, and in the United States everybody takes everybody else for a criminal.”
—Friedrich Dürrenmatt (1921–1990)