First Amendment: Speech and Press Clauses

Introduction

Today, the Supreme Court protects free speech rights more strongly than at any time in our nation’s history—and American free speech protections are among the strongest in the world.  Generally speaking, the government may not jail, fine, or punish people or organizations based on what they say or write, and the Court protects speech unless it is likely to cause immediate lawless action.  (A standard rarely met in practice.)  At the same time, there are certain contexts when the government has more leeway to regulate speech—for instance, with low-value speech like defamation or when speakers (like public school students) have a special relationship with the government.