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17 Freedom of Speech Court Cases You Should Know

By Freedom Forum

As long as there has been a First Amendment , people have pushed the boundaries of what free speech means and the government has pushed back. Freedom of speech court cases, especially these key Supreme Court cases, have helped clarify and define this fundamental freedom.

Discover 17 of the most prominent freedom of speech court cases in history

1. state laws must be consistent with the first amendment and not violate freedom of speech | gitlow v. new york (1925).

In this case, the Supreme Court’s ruling relied on the idea that the First Amendment’s opening words – “Congress shall make no law” – really means government at all levels.

More specifically, the ruling said that state governments must uphold the Constitution and protect the rights in it, including freedom of speech and the press. This is called “incorporation.” Later cases affirmed that all levels of government are required to uphold all First Amendment freedoms.

In this freedom of speech court case, the court agreed with the conviction of Benjamin Gitlow, a socialist accused of writing a “seditious manifesto.” But it pointed out that the New York state law he violated needed to be consistent with the First Amendment.

2. First Amendment freedom of speech includes nonverbal expression | Stromberg v. California (1931)

In this case, the Supreme Court declared that free speech protects more than the words we say .

A California state law made it a crime to display a red flag (associated with communism) for any of several reasons, including as a symbol of opposition to organized government. Yetta Stromberg, a summer camp counselor who raised the red Communist Party flag at camp, was convicted under this law.

The Supreme Court had said six years earlier that the First Amendment applies to state laws. Now it ruled that California’s state law was unconstitutional for violating free speech rights.

Importantly, the court also considered a nonverbal expression – flying a flag – as free speech when it said that the law against “a sign, symbol, or emblem” violated the First Amendment.

3. The First Amendment prevents government from requiring speech just as it prevents government from limiting speech | West Virginia Board of Education v. Barnette (1943)

In 1940, the Supreme Court said Pennsylvania could expel public school students for declining to salute the flag and say the pledge, citing a need for “national unity.”

Just three years later, the court reversed that ruling. It said that a West Virginia law requiring students to pledge violated the free speech rights of Jehovah’s Witnesses, who refused to participate for religious reasons.

The court ruled that people can’t be forced to say words they don’t believe. This established the principle that freedom of speech protects the right not to speak as well as the right to express your views.

“[I]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” ― Supreme Court Justice Robert H. Jackson in 1943

4. First Amendment freedom of speech includes anonymous speech | Talley v. California (1960)

In 1958, the Supreme Court said the NAACP in Alabama should not be required to reveal its member list, protecting the right to associate as part of the First Amendment right to assembly .

Two years later, the court said the First Amendment also protects anonymous speech . It ruled in favor of civil rights activists who wanted to distribute an anonymous pamphlet about discrimination.

In both of these freedom of speech court cases, forcing activists to name themselves could have put them in danger. The court cited a long history of publishing opinions anonymously or under pen names for safety and other reasons.

It said a ban on all anonymous pamphlets was too broad and not a good enough reason on its own to overcome freedom of speech.

One judge who disagreed pointed to requirements for transparency in political lobbying and campaigning as limits on anonymous speech. Some such limits have been upheld, but within narrow boundaries.

5. The bar for limiting symbolic speech includes four criteria | United States v. O’Brien (1968)

The Supreme Court previously ruled that freedom of speech includes more than spoken words. It can also include acts of expression.

Now it laid out when the government may limit “expressive conduct.” It required the government to meet four criteria to limit such expression with laws or regulations:

• The law or regulation must be within the government’s constitutional power.
• The law or regulation must further “an important or substantial” government interest; in other words, it must be a very good reason related to the government’s responsibilities.
• The law or regulation must not be related to “the suppression of free expression,” which means that it cannot restrict the expression based on the message it is trying to convey.
• The impact of the law or regulation must be no greater than necessary to achieve the goal.

In this freedom of speech court case, the court ruled that the government did meet all four criteria when it punished Paul O’Brien for burning his draft card in front of a Boston courthouse. O’Brien argued the act was political speech. The court disagreed 8-1, saying the government was not punishing O’Brien for opposing the draft, it was protecting its ability to administer the draft because draft cards were the only means of identifying an individual’s draft status.

6. Some speech advocating for violence or crime can be protected; the bar to punishment is high | Brandenburg v. Ohio (1969)

In this case, the court raised the bar for when inflammatory speech can be limited, setting the current, very high standard.

It said the speech must “incite imminent lawless action.” In other words, inflammatory speech loses First Amendment protection if the speaker intended to provoke or directly cause crime or violence, right here and now.

For example, saying that all such-and-such people should be executed may be an extreme and alarming view. But it is most likely protected speech. A more specific and immediate statement, such as pointing at a person and telling a crowd to take them out, may not be protected. It directly asks for (incites) a crowd to injure or kill someone (lawless action) right then (imminently).

In ruling that a white supremacist’s vaguely threatening statements were protected speech, the court came to the opposite conclusion it had earlier in the Gitlow case above (though it did not overturn that case’s principle that the First Amendment applies to government at all levels).

7. To be punished, threatening speech must be a “true threat” | Watts v. United States (1969)

The Supreme Court again considered when inflammatory speech loses First Amendment protection, and again it set a high bar.

It ruled that threatening speech can be protected, unless the statement constitutes a “ true threat .” To determine if a statement is a true threat depends on factors including the context of the statement and its reception.

In this freedom of speech court case, it ruled that an anti-war protestor couldn’t be punished for his speech about then-President Lyndon B. Johnson. When Robert Watts said, “If they ever make me carry a rifle, the first man I want to get in my sights is L.B.J.,” the court said this was a hypothetical and exaggerated statement that made people nearby laugh and wasn’t a credible, real threat.

In June 2023, the court clarified that a statement is not necessarily a true threat if the person it’s about feels afraid. The person who makes the statement must act recklessly, knowing the statement would likely make the recipient afraid but making it anyway.

8. Public school students have First Amendment free speech rights at school | Tinker v. Des Moines Independent Community School District (1969)

This ruling said that students at public schools do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

Three Iowa students – John Tinker, Mary Beth Tinker and Christopher Eckhardt – were suspended from school for wearing black armbands to protest the Vietnam War. They appealed their punishment all the way to the Supreme Court and won. The court declared they should have been allowed to wear the armbands.

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According to the court, schools can only limit students’ expression if they can be relatively sure it will truly and substantially disrupt school or harm others’ rights. Schools cannot punish a student just because they don’t agree with or like what a student is saying.

MORE: Free speech in schools: What can students say?

9. Even profane speech – unless it is of a few specific, well-defined types – is protected as free speech | Cohen v. California (1971)

The court said that profanity can be protected as free speech, like other types of controversial or inflammatory speech.

The court said that Paul Robert Cohen should not have been convicted for breach of the peace simply because he wore a jacket with a curse word on it to court.

It was a close decision (5-4), but the majority said Cohen’s speech didn’t meet the criteria for unprotected categories of speech .

The government cannot punish speech just because someone might find it offensive. This sort of vagueness invites selective prosecution by the government. The answer, the court indicated, was for those offended to just look away.

10. To be legally considered obscene – and not free speech – speech must meet three specific criteria | Miller v. California (1973)

In this freedom of speech court case, the court created a three-part test to narrowly define what legally can be considered obscene. The three parts of the test are:

• Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest. In other words, is it overall excessively, unwholesomely lewd?
• Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law. In other words, is it obviously offensively vulgar?
• Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. In other words, does it have no other message, meaning or use in our society?

In short, a work may be considered obscene and lose free speech protections if, and only if, the government can show the work meets all three of these elements.

This ruling didn’t immediately settle all questions of potentially obscene expression. Courts still must decide on a case-by-case basis whether challenged works under various state laws meet this legal definition. But it did standardize the considerations and significantly narrow the definition of obscenity .

11. Speech that may be considered hateful is still protected free speech | National Socialist Party of America v. Village of Skokie (1977)

This free speech court case didn’t explicitly define hate speech (there isn’t such a category in U.S. law), but it did say that offensive, even hateful speech is protected , unless it falls within one of the specific otherwise defined types, like true threats.

Is hate speech illegal? How does it apply to the First Amendment? Are there any exceptions? ➡️ https://t.co/jkbE77xLaR pic.twitter.com/oRBD5lgZCg — Freedom Forum (@1stForAll) August 29, 2023

A small suburb of Chicago banned political protests in its public parks, in part because white supremacists wanted to hold a demonstration there due to the large population of Jewish people and Holocaust survivors.

The white supremacist group challenged the regulations in court, and the Illinois Supreme Court declined to immediately review the First Amendment claim while the protest was on hold.

The Supreme Court said that, procedurally, such a First Amendment case should be heard quickly, and courts should err on the side of allowing controversial free speech while final judgments are pending.

The lower courts, when they got the case back at the Supreme Court’s instruction, said the protest couldn’t be banned just because the message was hateful.

In the end, counterprotests drew larger crowds than any original planned protest by the supremacist group.

In 2011, the Supreme Court restated the idea that even hateful speech can be protected when it upheld the First Amendment right of the Westboro Baptist Church to protest near military members’ funerals with signs the military families found hateful.

“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and, as it did here, inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a nation we have chosen a different course — to protect even hurtful speech on public issues to ensure that we do not stifle public debate.” — Chief Justice John G. Roberts Jr. in 2011

12. Flag burning is protected free speech | Texas v. Johnson (1989)

A Texas law against flag desecration violated freedom of speech, the Supreme Court ruled. It threw out the conviction of “Joey” Johnson for desecrating a “venerated object” when he burned an American flag during the 1984 Republican National Convention in Dallas.

There can be some limits on flag burning, such as for fire safety, but it cannot be limited just because some might disagree with the method or message.

Proposed constitutional amendments to outlaw flag burning have narrowly failed.

13. Corporations’ money independently spent on political campaigns is free speech | Citizens United v. FEC (2010)

The Supreme Court’s view in this ruling is that political spending is free speech.

The court said election laws that put limits on how much corporations could spend on political ads violate the First Amendment.

Corporations giving money directly to candidates is still subject to limits and disclosure laws. But groups like unions and corporations may spend as much as they wish to promote candidates or causes through ads the groups produce themselves.

14. Free speech is protected on the internet | Reno v. ACLU (1997)

When the internet was relatively new, Congress passed the Communications Decency Act, which restricted some types of content online in the interest of protecting children. This freedom of speech court case not only declared that law unconstitutional, but it firmly stated that the internet is deserving of full First Amendment protection.

The Supreme Court unanimously said that the Communications Decency Act was too restrictive of speech. The court ruled that the law was too broad in how it defined harmful content and would restrict adults’ access to speech they had every right to see. At the same time, it was not broad enough because the credit card-based restrictions wouldn’t really prevent all kids from accessing adult content.

Today, while websites and social media companies can create their own policies for content, there is a high bar for the government to regulate content online, just like the high bar to regulate speech in public.

MORE: The complete guide to free speech on social media

15. Lying is sometimes protected free speech | United States v. Alvarez (2012)

In 2005, Congress passed the Stolen Valor Act, making it illegal to lie about having received military medals. A California man who falsely claimed that he was a Congressional Medal of Honor recipient faced prosecution under this law. He challenged the law as violating his free speech.

The Supreme Court agreed, ruling that there is no exception to the First Amendment for lies . It ruled in this freedom of speech court case that the government had good reason to promote accuracy about military honors, but that the government must use the narrowest means possible to achieve its aim to protect military integrity. The court said a better way would be for the government to use its own speech and create an official database of military honors so people can confirm the accuracy of such claims, instead of punishing false claims.

It is illegal, though, to lie about military service to receive financial benefits.

16. Students’ off-campus social media posts may be protected free speech | Mahanoy Area School District v. B.L. (2021)

The Supreme Court said in June 2021 that a high school student shouldn’t have been punished for a curse-filled social media post about the school and cheerleading team, which she posted while off campus, because it was free speech and didn’t interfere with school. This decision was based on the standard set in the 1969 Tinker case, which said that schools can only limit disruptive student speech.

MORE: The ultimate guide to free speech on college campuses

17. Business owners may not be required to speak in violation of their beliefs | 303 Creative LLC v. Elenis (2023)

Owners of businesses that produce speech or creative messages cannot be required to produce messages for customers with which the owners disagree. The Supreme Court ruled in June 2023 that a website designer could not be required to create websites celebrating the weddings of same-sex couples , because the First Amendment protects the right not to speak.

A final word on freedom of speech court cases

Freedom of speech court cases, like these and many others in courts across the country, ensure that people can continually push back on government attempts to infringe on First Amendment rights. Courts can examine how the First Amendment applies in specific circumstances and can interpret how it relates to new technologies, questions and challenges. Lawsuits are one way people can push the government to uphold freedom of speech and to enforce its limits where appropriate.

Kevin Goldberg, First Amendment specialist for the Freedom Forum, contributed to this article. He can be reached at  [email protected] .

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27 Freedom of Speech Examples

Chris Drew (PhD)

Dr. Chris Drew is the founder of the Helpful Professor. He holds a PhD in education and has published over 20 articles in scholarly journals. He is the former editor of the Journal of Learning Development in Higher Education. [Image Descriptor: Photo of Chris]

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Freedom of Speech refers to the right of any citizen to express their thoughts, ideas, and opinions without fear of government restraint or censorship (Legal Information Institute, 2020).

The notion of free speech extends beyond verbal communication. It can also defend our rights to use offensive sign language and body language, engage in symbolic and artistic expressions (e.g., flag burning), and even wear clothing that others may find offensive or revealing. Take, for example, the case of Cohen v. California, where the Supreme Court protected an individual’s right to wear a jacket with an expletive as a form of political protest.

Another practical example can be seen in newspapers or media outlets, who are often protected from government persecution by free speech laws. In liberal democracies like the USA and France, the free press are permitted to criticize the government openly.

Free speech helps defend our robust democracies, and makes our political systems more free, fair, and open than nations like Vietnam, China, Hungary, Turkey, and Cambodia whose governments largely control the media and therefore have a stronger monopoly over state power (Lidsky & Cotter, 2016).

Freedom of Speech Examples

• Peaceful protest signs: Peaceful protest signs are protected under free speech laws in most liberal democracies. They represent the direct expression of an individual’s or group’s thoughts and concerns on a political matter (Chenoweth & Stephan, 2011). These signs serve as a non-violent way to demand action, raise awareness, or critique governmental or societal issues. Regardless of the message’s popularity, the freedom to publicly display such signs is protected under freedom of speech, as long, however, as they do not incite violence or unlawful actions.
• Expressing religious beliefs: Freedom of speech in most liberal-democratic nations covers the public expression of religious beliefs (Roth, 2015). This includes wearing religious symbols, discussing religious topics, or participating in religious rituals in public. Importantly, this freedom is granted equally to all religions and even no-religion atheists and agnostics, who have the freedom to promote their non-beliefs. Such a law allows for a diverse array of religious expressions in public forums such as online and in universities.
• Wearing symbolic clothing: The Supreme Court of the USA has upheld the right of individuals to wear expressive clothing as a form of symbolic speech (Cohen v. California, 1971). This can include everything from protest t-shirts to flag pins and allows individuals to wear their opinions literally on their sleeves.
• Artistic expressions of dissent: Artistic expressions, including painting, music, and theater, are vehicles to express dissenting ideas or critique societal norms (Reitman, 2014). These expressions allow for creative commentary on the prevailing cultural, political, or social climates , contributing to the diversity of discourse within society. However, this would not be protected if the art were painted onto other people’s or public property, such as in the case of graffiti art.
• Criticizing government actions: In most liberal democratic nations, freedom of speech also includes the right to voice dissent publicly and criticize government policies or actions (Stroud, 2011). This encourages transparency and accountability, empowering citizens to serve as a check on governmental power.
• Satirical commentary on society: Protected under freedom of speech in many nations, satirical commentary allows for a critique of individuals, groups, and societal norms through humor and irony (Stankiewicz, 2017). Satire plays a vital role in maintaining a healthy society by promoting dialogue about difficult issues in a manner that engages audiences and provokes thought. For example, Charlie Hebdo’s incendiary satirical pictures of Islamic figures was offensive, but allowed, under France’s robust free speech laws.
• Advocating for social change : One of the most potent uses of free speech is the ability to advocate for social change (Meyerson, 2010). This can occur in many ways, such as public speeches, organized protests, or social media campaigns, allowing individuals and groups to bring attention to societal issues and push for change.
• Publicly debating controversial topics: Freedom of speech upholds the right to participate in public debate on controversial topics (Fish, 2016). Such debates often expose varying viewpoints and challenge assumptions , (even if you’re ill-informed!).
• Sharing scientific theories: Academic freedom, a facet of freedom of speech, allows researchers to share scientific theories or findings even if they are controversial (Karran & Mallinson, 2017), without facing fear of being fired. This is a central concept in the tenure system in the USA. This openness promotes progress and innovation by enabling knowledge exchange and peer scrutiny.
• Blogging personal political views: Blogging platforms provide a space for individuals to express their political opinions freely and discuss matters of public concern (Sunstein, 2017). This democratizes access to political discourse and helps cultivate a more informed public, but may also unfortunately spread misinformation – which is a key downside of free speech.
• Writing a critical book review: Freedom of speech permits individuals to write and publish critical reviews of books (or other forms of media), helping to facilitate discourse and contribute to the literary or artistic community (D’Haen, 2012). Such reviews, positive or negative, aid in the critical reception and evaluation of the work, influencing its public reception, but, generally, if not slanderous, cannot be censored.
• Political campaign speeches: When politicians deliver speeches during their campaign, they practice their freedom of speech (Kenski & Stroud, 2016). Their speeches allow voters to understand their stances on various issues, crucial for informed voting. They’re often critical of the government, but yet are allowed, in order to sustain a robust democratic society.
• Publishing an investigative article: Investigative journalism, protected by freedom of speech, involves in-depth reporting to uncover hidden issues in society or government (Tumber & Waisbord, 2019). It serves as a watchdog, promoting transparency , and accountability. This allows papers like the New York Times and Wall Street Journal to release cutting-edge investigative journalistic pieces.
• Whistleblowing on corporate wrongdoing: Freedom of speech protects whistleblowers who expose unethical practices within corporations, serving as a fundamental check on corruption and wrongdoing (Kohn, 2010). This form of expression is critical for maintaining trust and integrity within industries.
• The right to offend: Freedom of speech includes the right to offend, meaning individuals are allowed to voice opinions or ideas, however, potentially offensive they may be to some (Strossen, 2018). This freedom allows for a wide range of expressions, fostering diverse and dynamic dialogue within society.
• The right to silence: Often conceptualized as “the right to remain silent,” this right protects individuals from self-incrimination and stands as an integral aspect of free speech (Franks, 2014). This guarantees individuals’ liberty to choose when and how they express themselves. In the USA, this is protected under the 5th amendment.
• Social media activism: Activism through social media platforms falls under the umbrella of freedom of speech (Loader & Mercea, 2011). This allows individuals to raise awareness, mobilize supporters, and campaign for change at unprecedented speeds and scales.
• Public speaking at a rally: Individuals addressing a crowd at a public rally exercise their freedom of speech by expressing their beliefs and advocating for causes they support (Tufekci, 2017). Public speeches can rally support, influence opinions, and draw attention to essential issues.

See Also: 40 Types of Freedom

Free Speech and the US Constitution (First Amendment)

While encased in the First Amendment of the United States Constitution, freedom of speech was originally designed to maintain civil liberties an open, democratic society whereby all individuals could express their comments and opinions freely (Stroud, 2011).

The framers believed that unchecked and unrestricted discussion would lead to the truth, and bad ideas would be debunked by the good ideas. This idea is often described in the metaphor ‘sunshine is the best disinfectant’.

The USA has one of the most libertarian readings of free speech, and while other liberal democracies protect speech, none are quite as robust in their protections than the USA.

Interestingly, freedom of speech also covers the right to be silent. For instance, the Fifth Amendment of the United States constitution protects an individual’s right not to make self-incriminating statements under interrogation, often conceptualized as “the right to remain silent” (Franks, 2014).

The Constitutional Limits of Free Speech

Freedom of speech does not mean absolute freedom . Contrary to some misconceptions, this right is not without its boundaries (Smith & Kavanagh, 2015).

There are indeed restrictions that one must adhere to, such as libel, slander, obscenity, sedition, and incitement, to name a few.

For instance, hate speech that incites violence or harm towards a specific group is typically not protected by the right to free speech in the USA (Brimelow v. Alexandria Women’s Health Clinic, 2012).

Famous Freedom of Speech Cases in the United States

Tinker v. des moines (1969): student vietnam war protests.

This landmark case marked a significant decision protecting students’ rights to free speech (Abernathy, 2007). John Tinker and his fellow anti-war agitators were suspended from their Des Moines school for wearing black armbands to protest the Vietnam War. Upon appeal, the Supreme Court of the United States argued that their actions we free speech. Being non-disruptive of minimally disruptive, are protected. The court stated, “students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” establishing a precedent for future freedom of speech cases in education settings, such as the freedom to wear political slogans on your clothing at public schools.

New York Times Co. v. United States (1971): Defending Press Freedom

In this case, better known as the “ Pentagon Papers Case ,” the government tried to prevent the New York Times from publishing classified documents containing information that the US government was trying to hide because it demonstrated unfavorable information about the USA’s role in the Vietnam War (Rudenstine, 2014). The Supreme Court ruled in favor of the New York Times. It affirmed the principle of no prior restraint, which means that the government cannot stop the publication of a news story pro-actively, except in extremely rare circumstances. This case reaffirmed the robustness of press freedom in the USA.

Texas v. Johnson (1989): The Right to Flag Burning

This case involved Gregory Lee Johnson who burned an American flag as a form of political protest. This led to his arrest under a now-defunct Texas law banning “flag desecration” (Goldstein, 2016). The Supreme Court overturned his conviction stating that Johnson’s act was symbolic speech and, therefore, protected by the First Amendment. Here, we can see that ‘speech’ isn’t just about speaking but also symbolism . This decision significantly reinforced the idea of protection for symbolic speech under the freedom of speech.

Citizens United v. Federal Election Commission (2010): Money is Speech

This case addressed the issue of campaign financing, where the court found that giving money to a political candidate was seen as ‘political speech’ and therefore protected by the first amendment (Magarian, 2010). Citizens United, a non-profit organization, challenged a regulation barring corporations and unions from funding political campaign ads. The Supreme Court ruled in favor of Citizens United . This, in turn, allowed unlimited corporate spending in elections, asserting that such “political speech” was protected under the First Amendment. Detractors – including myself – think this case essentially positioned corporations as people, which is ridiculous, and led to the devastating hyper-politicization of elections we see to this day.

Snyder v. Phelps (2011): The Right to Offend

This case involved the Westboro Baptist Church’s right to picket military funerals with fundamentalist anti-military sentiments, resulting in an emotional distress lawsuit from the father of a fallen marine (Carpenter, 2011). The Supreme Court ruled in favor of Westboro Baptist Church . The justices argued that the expression represented matters of public concern, thus protected under the First Amendment, no matter how offensive this behavior truly was.

Schenck v. United States (1919): The Limitations of Free Speech

Charles Schenck, Secretary of the Socialist Party, was arrested for distributing leaflets opposing the draft during World War I (Lewis, 2008). The Supreme Court upheld his conviction under the Espionage Act, ruling that Schenck’s actions posed a “clear and present danger” to national security. This case is important as it established the “clear and present danger” standard for limiting freedom of speech. Although, in my opinion, this ruling was counter to many other Supreme Court findings that held very absolutist perspectives toward free speech, and demonstrated the constant right-wing leanings of US supreme courts over the years.

While “freedom of speech” can often seem like an expansive term, understanding its roots in the democratic principles of open discussion and societal checks and balances can offer some enlightening contexts. However, as discussed above, there are indeed certain conditions and restrictions and, like any freedom, it necessitates responsible handling. Interestingly, strong free speech laws in the USA have led to many perverse outcomes which demonstrates that they may be too lenient; while in my home country of Australia, free speech is often protected, but the laws are much more strict. Finding the right balance is extremely difficult.

Abernathy, M. (2007). First Amendment Law Handbook . Thomson/West.

Brimelow v. Alexandria Women’s Health Clinic, 132 S. Ct. 2681 (2012).

Carpenter, D. H. (2011). Westboro Church’s Funeral Picketing is Free Speech . Supreme Court Debates.

Franks, D. D. (2014). The Fifth Amendment: Double Jeopardy, Due Process , and the Nature of the Interrogation Process. Routledge.

Goldstein, R. (2016). Flag Burning and Free Speech: The Case of Texas v. Johnson. University Press Of Kansas.

Legal Information Institute. (2020). Freedom of Speech. Cornell Law School. Retrieved from https://www.law.cornell.edu/wex/freedom_of_speech

Lewis, A. (2008). Freedom for the Thought That We Hate: A Biography of the First Amendment. Basic Books.

Lidsky, L. B. & Cotter, R. T. (2016 ). Freedom of the Press: A Reference Guide to the United States Constitution . Greenwood.

Magarian, G. P. (2010). The Democracy of Direct Speech. Wm. & Mary Law Review, 97.

Rudenstine, D. (2014). The Day the Presses Stopped: A History of the Pentagon Papers Case. University of California Press.

Smith, K. E., & Kavanagh, D. (2015). Freedom of Speech: The History of an Idea . Penn State University Press.

Stroud, N. J. (2011). Niche News: The Politics of News Choice . Oxford University Press.

• Chris Drew (PhD) https://helpfulprofessor.com/author/chris-drew-phd-2/ 10 Reasons you’re Perpetually Single
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2 thoughts on “27 Freedom of Speech Examples”

Hi Professor Drew: I am so-o-o-o enjoying your site. I am an ESL teacher, and I use it extensively to introduce the students to American culture. I really like the deep dives into specific topics, like The American Dream, and Freedom of Speech. A fantastic resource! Thank you!

Hi Jane, thanks so much for reaching out and I’m so glad my website is a useful resource for you. All the best with your teaching!

Regards, Chris.

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Freedom of Speech

By: History.com Editors

Updated: July 27, 2023 | Original: December 4, 2017

Freedom of speech—the right to express opinions without government restraint—is a democratic ideal that dates back to ancient Greece. In the United States, the First Amendment guarantees free speech, though the United States, like all modern democracies, places limits on this freedom. In a series of landmark cases, the U.S. Supreme Court over the years has helped to define what types of speech are—and aren’t—protected under U.S. law.

The ancient Greeks pioneered free speech as a democratic principle. The ancient Greek word “parrhesia” means “free speech,” or “to speak candidly.” The term first appeared in Greek literature around the end of the fifth century B.C.

During the classical period, parrhesia became a fundamental part of the democracy of Athens. Leaders, philosophers, playwrights and everyday Athenians were free to openly discuss politics and religion and to criticize the government in some settings.

First Amendment

In the United States, the First Amendment protects freedom of speech.

The First Amendment was adopted on December 15, 1791 as part of the Bill of Rights—the first ten amendments to the United States Constitution . The Bill of Rights provides constitutional protection for certain individual liberties, including freedoms of speech, assembly and worship.

The First Amendment doesn’t specify what exactly is meant by freedom of speech. Defining what types of speech should and shouldn’t be protected by law has fallen largely to the courts.

In general, the First Amendment guarantees the right to express ideas and information. On a basic level, it means that people can express an opinion (even an unpopular or unsavory one) without fear of government censorship.

It protects all forms of communication, from speeches to art and other media.

Flag Burning

While freedom of speech pertains mostly to the spoken or written word, it also protects some forms of symbolic speech. Symbolic speech is an action that expresses an idea.

Flag burning is an example of symbolic speech that is protected under the First Amendment. Gregory Lee Johnson, a youth communist, burned a flag during the 1984 Republican National Convention in Dallas, Texas to protest the Reagan administration.

The U.S. Supreme Court , in 1990, reversed a Texas court’s conviction that Johnson broke the law by desecrating the flag. Texas v. Johnson invalidated statutes in Texas and 47 other states prohibiting flag burning.

When Isn’t Speech Protected?

Not all speech is protected under the First Amendment.

Forms of speech that aren’t protected include:

• Obscene material such as child pornography
• Plagiarism of copyrighted material
• Defamation (libel and slander)
• True threats

Speech inciting illegal actions or soliciting others to commit crimes aren’t protected under the First Amendment, either.

The Supreme Court decided a series of cases in 1919 that helped to define the limitations of free speech. Congress passed the Espionage Act of 1917, shortly after the United States entered into World War I . The law prohibited interference in military operations or recruitment.

Socialist Party activist Charles Schenck was arrested under the Espionage Act after he distributed fliers urging young men to dodge the draft. The Supreme Court upheld his conviction by creating the “clear and present danger” standard, explaining when the government is allowed to limit free speech. In this case, they viewed draft resistant as dangerous to national security.

American labor leader and Socialist Party activist Eugene Debs also was arrested under the Espionage Act after giving a speech in 1918 encouraging others not to join the military. Debs argued that he was exercising his right to free speech and that the Espionage Act of 1917 was unconstitutional. In Debs v. United States the U.S. Supreme Court upheld the constitutionality of the Espionage Act.

Freedom of Expression

The Supreme Court has interpreted artistic freedom broadly as a form of free speech.

In most cases, freedom of expression may be restricted only if it will cause direct and imminent harm. Shouting “fire!” in a crowded theater and causing a stampede would be an example of direct and imminent harm.

In deciding cases involving artistic freedom of expression the Supreme Court leans on a principle called “content neutrality.” Content neutrality means the government can’t censor or restrict expression just because some segment of the population finds the content offensive.

Free Speech in Schools

In 1965, students at a public high school in Des Moines, Iowa , organized a silent protest against the Vietnam War by wearing black armbands to protest the fighting. The students were suspended from school. The principal argued that the armbands were a distraction and could possibly lead to danger for the students.

The Supreme Court didn’t bite—they ruled in favor of the students’ right to wear the armbands as a form of free speech in Tinker v. Des Moines Independent School District . The case set the standard for free speech in schools. However, First Amendment rights typically don’t apply in private schools.

What does free speech mean?; United States Courts . Tinker v. Des Moines; United States Courts . Freedom of expression in the arts and entertainment; ACLU .

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What Does Free Speech Mean?

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 imminent lawless action. Brandenburg v. Ohio , 395 U.S. 444 (1969).
• 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. O’Brien , 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 (1988).
• 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).

Disclaimer: These resources are created by the Administrative Office of the U.S. Courts for use in educational activities only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on legislation. 

DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation.

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Home » Articles » Freedom of Speech

Freedom of Speech

Ken Paulson

Freedom of speech is the most readily recognized of the five freedoms in the First Amendment and the only one that’s known by a majority of Americans. That’s not a surprise; it’s also the First Amendment freedom that most of us use every day and all day. 

Like the other guarantees in the Bill of Rights, our right to speak freely protects us from limits by the government. It does not, however, prevent rules limiting our speech in other settings. For example, an employer can tell an employee what not to say in the workplace. A condominium association can remove a sign on a resident’s front lawn if it’s in violation of bylaws. A private business can eject a customer engaged in what it regards as disruptive speech.

Free speech protection against government interference is not limited to the spoken word. The government is barred from limiting communication in many different settings, including the presentation of visual art, performances, songs, poetry and film. 

Protected speech can also be embodied in symbols that don’t specifically say anything but convey a point of view.

Principles of free speech stretch back centuries, as far as ancient Greece. Early codification of freedom of speech can be found in the English Parliament’s Bill of Rights passed in 1689, “An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown.” The bill was highly influential in the drafting of the United States Bill of Rights in 1791, roughly a century later.

The latter half of the 20 th century was a particularly robust era for the expansion and strengthening of free speech rights, thanks to both shifting judicial attitudes and the emergence of new technologies and platforms. Among key free speech decisions:

The free speech right to dissent

Political speech — comments about political figures and circumstances — have strong protection under the First Amendment, permitting often provocative actions and speech in the name of dissent.

Brandenburg v. Ohio (1969) —The Supreme Court ruled that advocacy of illegal conduct is protected as free speech unless it is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” General advocacy of illegal acts in the future cannot be punished.

Texas v. Johnson (1989) —The Supreme Court invalidated a Texas law prohibiting flag desecration, concluding that the burning or desecration of a flag for expressive purposes is protected as free speech under the First Amendment. 

Spending as free speech

Citizens United v. FEC (2010) — The Supreme Court struck down restrictions on corporations spending funds for advocacy and influencing the potential outcome of elections. This established the right of corporations to engage in political speech. 

“The First Amendment does not allow political speech restrictions based on a  speaker’s corporate identity ,” Justice Anthony Kennedy wrote for the majority.

The decision is arguably the most controversial First Amendment ruling of the 21 st century and is often decried as enabling corruption in government.

The free speech rights of students

Young people also have First Amendment rights, tests of which usually arise in public schools. 

West Virginia Board of Education v. Barnette (1943) — The Supreme Court ruled that public school students could not be compelled to recite the pledge of allegiance, affirming that freedom of speech also means the freedom not to speak. The case also established that students have some level of First Amendment protection.

Tinker v. Des Moines Independent Community School District (1969) — The Supreme Court found that public school students were wrongly suspended after wearing black armbands to protest the war in Vietnam . Students have First Amendment rights, the court noted, and established that school administrators and teachers can’t limit students’ free expression unless they reasonably determine that the expression will “substantially disrupt” school operations or violate the rights of others. 

Limits on obscene content

Although many conflate “obscenity” with “pornography,” the latter is actually protected by the First Amendment. The Supreme Court has had to grapple with defining legally obscene content.

Miller v. California (1973) — Obscene content is not protected by the First Amendment, but not all sexually oriented content is obscene. In this case, the Supreme Court created a three-part test for determining whether content is legally obscene: “Whether the average person, applying contemporary  community standards , would find that the work, taken as a whole, appeals to the prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.” 

Cases involving non-traditional media and the internet

Joseph Burstyn v. Wilson (1952) — In striking down a New York ban on the public showing of a film entitled The Miracle , the Supreme Court concluded that government may not limit “sacreligious” speech and that film is protected by the First Amendment.

Reno v. American Civil Liberties Union (1997)  — In striking down provisions of the  1996 Communications Decency Act  (CDA) as violations of free speech rights, the Supreme Court concluded that content on the internet in the United States has the same level of protection as print publications and other physical media.

Brown v. Entertainment Merchants Association (2011) — The Supreme Court invalidated a California law that criminalized the sale of violent video games to minors, concluding that the depiction of violence is not legally obscene and that First Amendment protections apply.

Written by Ken Paulson, director of the Free Speech Center, 2023.

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Legal Dictionary

The Law Dictionary for Everyone

Freedom of Speech

Freedom of speech is a person’s right to speak his or her own opinions, beliefs, or ideas, without having to fear that the government will retaliate against him, restrict him, or censor him in any way. The term “freedom of expression” is often used interchangeably, though the “expression” in this sense has more to do with the way in which the message is being communicated (i.e. via a painting, a song, an essay, etc.). The concept of freedom of speech dates back to a time long before the Constitution was drafted, potentially as far back as Athens in 5th or 6th centuries, B.C. To explore this concept, consider the following freedom of speech definition.

Definition of Freedom of Speech

• The right to express your beliefs, ideas, and opinions without the fear of governmental reprisal or censorship .

5th or 6th Century B.C.             Ancient Greece

1780s                                       America

What is Freedom of Speech

Freedom of speech is the right afforded to a person to be able to speak his or her mind without fear that the government will censor or restrict what they have to say, or will retaliate against them for expressing himself. People are often confused by this concept, however, thinking that they can say anything that pops into their heads without repercussion. Just because you are allowed to say whatever you want does not mean that you will not suffer consequences as a result – it just means that the government cannot violate your right to do so.

The U.S. has many laws that place limits on speech and other forms of expression, which may be seen as harsh restrictions. These include prohibitions against defamation , slander , copyright violations, and trade secrets, amongst others. American philosopher Joel Feinberg posited what is known as the “offense principle,” which works to prohibit speech that is clearly offensive, or which can harm society as a whole, or a group in particular, such as racial hate speech , or hate speech aimed at someone’s religion.

Different countries have different rules insofar as freedom of speech is concerned, with some countries’ governments becoming more involved than other governments in the affairs of their citizens. Communist countries like China are often in the news for blocking their citizens’ access to the internet, and restricting their ability to both read and express ideas and beliefs of which their government does not approve. Here in the United States, examples of freedom of speech include criticisms against the government, and the promotion of ideas or beliefs that others might find to be controversial. In the U.S., these kinds of statements are allowed, within the constraints of the “offense principle,” or the “harm principle.”

Freedom of Speech Amendment

The concept of freedom of speech came into being in the United States back in the 1780s, when Anti-Federalists, like Thomas Jefferson and Patrick Henry, expressed their concerns that the federal government could eventually become too powerful. To keep the government in check, the Bill of Rights was drafted, which gave us, among other guarantees, freedom of speech, as detailed in the First Amendment to the U.S. Constitution, which can also be considered the Freedom of Speech Amendment :

“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.”

In addition to offering citizens protection from government interference in the expression of their ideas, the Freedom of Speech Amendment also them with the freedom to exercise one’s religion free from persecution. This is known as the Free Exercise Clause . Under this clause , citizens are permitted to adopt any religion they choose, and to take part in the rituals that the religion dictates.

Similarly, the Establishment Clause prevents the government from establishing one official religion that the country’s citizens all must follow. It also prevents the government from developing a preference for, or promoting one religion over another, religion over the lack of religion, or non-religion over religion.

In short, the Constitution guarantees that all people may worship who or how they may, but the federal government has no say in the matter, and may not adopt an official stance. There has been some misunderstanding about this “Separation of Church and State” clause, as it does not prohibit people from expressing their religious preferences in public, but only prevents a governmental entity from promoting any religion over another.

Freedom of the press, which allows publications to print opinions free of governmental censorship, is also permitted under the Freedom of Speech Amendment. Additionally, those who wish to gather in protest against the government are permitted, under the First Amendment, to “assemble peaceably,” which is why protests are permitted on public property, so long as they remain peaceful.

Freedom of Speech Quotes

Throughout time, people have craved, even when it was denied them, the right to freely express themselves. Freedom of speech quotes have survived centuries, to be used again and again, as people fight for this basic human right. What follows are ten great examples of freedom of speech quotes, wherein folks have either defended the policy as is, or have defended the laws that keep freedom of speech in check.

“If we don’t believe in freedom of expression for people we despise, we don’t believe in it at all.” – Noam Chomsky

“Freedom of speech is useless without freedom of thought.” – Spiro Agnew

“Without freedom of thought, there can be no such thing as wisdom; and no such thing as public liberty, without freedom of speech.” – Benjamin Franklin

“There has to be a cut-off somewhere between the freedom of expression and a graphically explicit free-for-all.” – E.A. Bucchianeri

 “For if men are to be precluded from offering their sentiments on a matter, which may involve the most serious and alarming consequences, that can invite the consideration of mankind, reason is of no use to us; the freedom of speech may be taken away, and, dumb and silent we may be led, like sheep, to the slaughter.” – George Washington

“Those who make conversations impossible, make escalation inevitable.” – Stefan Molyneux

“Freedom of speech is a guiding rule, one of the foundations of democracy , but at the same time, freedom does not imply anarchy , and the right to exercise free expression does not include the right to do unjustified harm to others.” – Raphael Cohen-Almagor

“Freedom of speech gives you the right to stay silent.” – Neil Gaiman

“Should freedom of speech include the freedom to tell lies? Who decides what is true and what is a lie? Should the young and impressionable be exposed to propaganda deliberately designed to make them hate others? If we deny the deniers the right to spread their venom, are we then putting our own right to free speech at risk? At which point does hate speech so directly provoke violence that it should be banned?” – Ted Gottfried

“Two things form the bedrock of any open society: freedom of expression and rule of law. If you don’t have those things, you don’t have a free country.” – Salman Rushdie

Freedom of Speech Examples in Legal Cases

More than inspirational freedom of speech quotes, the issue has inspired a number of court cases over the years. Some examples of freedom of expression and freedom of speech cases are discussed below in more detail:

Gitlow v. New York (1925)

In the first case to ever be tried by the American Civil Liberties Union, Benjamin Gitlow had been charged with criminal anarchy, after he printed the “Left Wing Manifesto” in his publication The Revolutionary Age . He defended the piece as being an historical analysis of the concept of communism, rather than acting as an advocate for the system. He was convicted upon the completion of his trial and was ordered to serve five to ten years in prison .

Gitlow appealed the conviction, and his appeal was granted, after he had already served two years at Sing Sing. He was released on bail , only to be re-incarcerated three years later when the Supreme Court upheld the original conviction.

The Court ultimately determined that publication of the “Left Wing Manifesto” was indeed a crime. Despite having served as a leader of the Communist Party in the late 1920s, Gitlow publicly rejected the party in 1939, having become an outspoken anti-communist in 1934, and he remained one of the leading opponents of communism until his death on July 19, 1965.

Brandenburg v. Ohio (1969)

In 1969, Ku Klux Klan leader, David Brandenburg, was convicted of criminal act, one of which was advocating “the duty, necessity, or propriety of crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform.”

This followed his participation in a 1964 Klan rally in Cincinnati, Ohio, which Brandenburg had asked a local reporter to cover. During the rally, Brandenburg made a speech against the government, claiming that the government was “suppressing the Caucasian race.”

The court convicted Brandenburg, fining him $1,000, and sentencing him to one to ten years in prison. Brandenburg appealed, saying that his right to freedom of speech under the First and Fourteenth Amendments had been violated. His appeal was denied by both the Ohio First District Court of Appeal and the Supreme Court of Ohio, with the latter flat-out dismissing it without even offering an opinion .

This case led to the establishment of what is known as the Brandenburg Test , which is the standard by which potentially inflammatory speech is measured. Speech can only be prohibited if (1) it is “directed to inciting or producing imminent lawless action,” and (2) it is “likely to incite or produce such action.”

Related Legal Terms and Issues

• Anti-Federalist – A political movement that opposed the creation of a stronger U.S. federal government, and opposed the ratification of the Constitution in 1787.
• Defamation – An intentional false statement that harms a person’s reputation, or which decreases the respect or regard in which a person is held.
• Copyright – A legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work.
• Slander – An intentional false statement that harms a person’s reputation, or which decreases the respect or regard in which a person is held.
• Trade Secrets – Designs, practices, processes, commercial methods, techniques, or information that is not generally known by others, which gives a business an advantage over competitors.