The High Cost of Free Speech

The First Amendment states: “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.”

The U.S. Supreme Court carries the burden of determining what exactly constitutes protected speech. The Court has decided burning the flag in protest, students wearing black armbands at school to protest war, and the use of specific offensive words and phrases in political messages are entitled to First Amendment protections.

However, speech that incites action that would harm others, making or distributing obscene materials, or students making an obscene speech at a school-sponsored event is not protected. Terms like “offensive” and “obscene” are largely culturally normed by society and require a level of subjectivity in enforcing protection laws.

Freedom of speech allegedly affords the opportunity for written, verbal, or visual expression to all