Which amendment is freedom of speech

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.

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 Republican National Convention in Dallas, Texas to protest the Reagan administration.

The U. Texas v. Johnson invalidated statutes in Texas and 47 other states prohibiting flag burning. The Supreme Court decided a series of cases in that helped to define the limitations of free speech. 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. 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 encouraging others not to join the military.

Debs argued that he was exercising his right to free speech and that the Espionage Act of was unconstitutional. In Debs v. United States the U. Supreme Court upheld the constitutionality of the Espionage Act. In most cases, freedom of expression may be restricted only if it will cause direct and imminent harm.

In , 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. Des Moines Independent School District. First Amendment Encyclopedia.

First Amendment Center Archives. First Amendment Timeline. Constitution The five freedoms it protects: speech, religion, press, assembly, and the right to petition the government. Together, these five guaranteed freedoms make the people of the United States of America the freest in the world.

Before agreeing to accept the Constitution, the Founders of our democratic republic demanded that these freedoms be protected by an amendment to the original document — the First Amendment. The First Amendment is for everyone. Eichman , U.

Freedom of speech does not include the right: To create a clear and present danger or likely to incite imminent lawless action. Schenck v. United States , U. Ohio , U. To make or distribute obscene materials. Roth v. To burn draft cards as an anti-war protest. United States v. To permit students to print articles in a school newspaper over the objections of the school administration.

Hazelwood School District v. Kuhlmeier , U. Of students to make an obscene speech at a school-sponsored event. Bethel School District 43 v.