Freedom of speech
Freedom of speech is the right to express opinions and ideas without government censorship or punishment, subject to legally recognized limits.
Freedom of expression: The liberty to communicate ideas through speech, writing, art, symbols, and other expressive forms. This broader right includes speech alongside expressive forms that speech protections also cover.
Strict scrutiny: A demanding judicial test requiring a compelling government interest and narrowly tailored means. Courts use heightened review for certain speech restrictions, especially those based on content.
Schenck v. United States: A 1919 U.S. Supreme Court case upholding convictions for anti-draft leaflets during World War I. Its 'clear and present danger' formula shaped early judicial treatment of dangerous advocacy.
European Convention on Human Rights Article 10: The European human-rights provision protecting expression while allowing restrictions prescribed by law and necessary in a democratic society. Its express proportionality framework differs from the U.S. First Amendment approach.
Censorship: The suppression or restriction of communication by governments, institutions, or other authorities. Government censorship is the central interference that freedom of speech constrains.
Content-based discrimination: A restriction that treats expression differently because of its subject, viewpoint, or message. Message-based restrictions face especially strong constitutional suspicion.
Brandenburg v. Ohio: A 1969 U.S. Supreme Court case protecting advocacy unless it is intended and likely to produce imminent lawless action. It established the modern U.S. incitement standard.
First Amendment to the United States Constitution: The U.S. constitutional amendment prohibiting Congress from abridging freedom of speech, press, religion, assembly, and petition. It is the principal constitutional source of speech protections in the United States.
Government speech: Expression by a government in its official capacity, generally distinguished from private expression protected by speech rights. The right limits government control of private speech, not the government's own expression in the same way.
Time, place, and manner restriction: A content-neutral rule regulating when, where, or how expression occurs while leaving alternative channels open. Such rules can regulate speech without suppressing its message.