Freedom Of Speech In The First Amendment

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Freedom of Speech

Freedom of Speech is in the first amendment as 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.” James Madison first introduced the Freedom of Speech and Press clauses to the House of Representatives on June 8th 1789 in which he stated: “The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.” The proposal got rewritten as “The freedom of speech and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances, shall not be infringed.” This draft got sent to the Senate who rewrote
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Yet the Freedom of Speech clause is one of the more difficult amendments as it all depends on the context of your speech. Obscenity, fighting words, defamation, child pornography, blackmail, incitement to imminent lawless action, true threats and solicitations to commit crimes are not protected by the free speech clause. Also the government is allowed to regulate the “time, place and manner,” but not the content of speech. For example the Supreme Court ruled that no one can “insist upon a street meeting in the middle of Times Square at the rush hour as a form of freedom of