Free Speech: Express Yourself

I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations. ― James Madison

The First Amendment to the United States Constitution protects six freedoms (religious establishment, religious practice, free speech, free press, right to assemble, and right to petition the government), but arguably the free speech and free press clauses are the most famous of the six. Here at the Levine Law Group, we want to help you understand and protect your right to express yourself.

Free speech is a universe of law unto itself. From time/place/manner restrictions to obscenity, commercial speech to symbolic expression, free speech law covers more than you may have expected. But there are a few types of speech which the United States Supreme Court has found undeserving of protection. These areas are obscenity (appeals to a prurient nature, is patently offensive material, and lacks serious literary, artistic, political, or social value), incitement/advocacy (to imminent lawless action), and defamation (publishing or making known information knowing the statement is false or with serious doubts as to its truthfulness or publishing/making known with reckless disregard for whether it was false or not).

When it comes to government regulation of free speech and expression, there are numerous ways courts evaluate the permissibility of the contested speech/expression regulation. The most prevalent are strict scrutiny (used in many areas of constitutional law and usually results in the regulation being struck down) and heightened scrutiny (also used in many areas of constitutional law and more permissive of governmental regulations). Courts will also evaluate whether the regulation is a time/place/manner restric