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First Amendment: Protecting the Right to Disagree

Without freedom of speech, the government could punish anyone for saying anything.

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“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.”

The First Amendment protects some of the most important rights Americans enjoy today. But one of the most critical rights that it safeguards is freedom of expression, also known as free speech. This particular right is foundational to the creation of the nation, and it is what sets America apart from other countries whose governments place restrictions on the ability to voice one’s opinions.

What Is Freedom of Expression?

Freedom of expression, put simply, is the right to express one’s views without fearing retribution from the government. It means that Congress cannot enact a law that prevents an individual from openly speaking their opinions or that punishes them for doing so. Through this amendment, the Constitution forbids the government from using its power to stop people criticizing the state or its officials.

The term “speech” can be used to describe nearly all methods of communicating one’s thoughts. It could include verbal, nonverbal, visual, or symbolic means. For example, a person who draws cartoons is engaging in “speech” that is protected by the First Amendment, even if they make fun of a politician.

The founding fathers felt it necessary to include freedom of speech in the Constitution because the people who came to America from England did not have the right to speak their minds protected in law. Even today, individuals residing in the United Kingdom and other countries can be imprisoned for making comments that are considered offensive.

While the First Amendment protects most types of speech, there are some scenarios in which the law does not protect expression. One such case would be defamation, which describes false statements designed to damage someone’s reputation. This means that people are not allowed to knowingly spread lies that could harm another person’s reputation.

Another type of speech that the First Amendment does not protect is incitement. Americans are not allowed to make comments intended to cause violence. In short, you cannot publicly call for the murder of someone you dislike. There are other forms of speech that are not protected, but these are the most commonly cited.

Why Should We Protect Free Speech?

Protecting free speech is one of the most important things the Constitution does for American citizens. Without free speech, the government would be allowed to oppress its citizens without fearing reprisal. A population that is allowed to criticize the government and express other views that some don’t like is a freer society, one that does not have to worry about the state controlling people’s lives.

Another benefit of free speech is that it allows us to share ideas and develop ways to create a better society. It also empowers Americans to root out and defeat bad or evil ideas that could harm the country. If the United States did not protect free speech during the time of slavery, abolitionists would not have been able to speak out and persuade the rest of the nation to free the slaves. In fact, without free speech, Dr. Martin Luther King Jr. would not have led a movement that resulted in giving civil rights to black Americans in the 1960s.

Some believe that the government should place more restrictions on speech. They do not want Americans to make certain types of comments. While many use their freedom for negative purposes, it would be more harmful to use the government to silence voices. If the state can silence individuals for having horrible views, it can eventually silence us all.

Jeff Charles

Race Relations & Media Affairs Correspondent at and A self-confessed news and political junkie, Jeff’s writing has been featured in Small Business Trends, Business2Community, and The Huffington Post. Born in Southern California and having experienced the 1992 L.A. Riots up close and personal, Jeff’s insights are informed by his experiences as a black man and a conservative.

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