Also known as: free speech clause · First Amendment speech clause
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional command located in the First Amendment that prohibits the government from abridging the freedom of speech. The command does not apply when the government itself is speaking rather than regulating private expression. Permanent monuments and similar displays selected and maintained by the government count as its own speech even when privately donated.
Fabian Flynn leads GreenEarth Alliance and proposes a permanent sculpture criticizing factory pollution for installation in Riverton Industrial Heritage Park. The State Parks Agency refuses the proposal because the sculpture conflicts with the park's existing exhibit of donated factory machines and praising plaques. Flynn sues under the Free Speech Clause. The court treats the existing displays as government speech and upholds the refusal.
Fusion Power seeks to fund an electioneering communication criticizing a candidate. Federal election law bars the expenditure. Fusion Power challenges the bar as a violation of its free speech rights. The court holds that the First Amendment protects the corporation's political speech and invalidates the restriction.
Select any source to read its text and confirm it supports the definition.
Faith Fitzgerald and the Ku Klux Klan apply for a permit to erect a cross in Capitol Square during the holiday season. State officials deny the permit fearing an establishment violation. Fitzgerald sues claiming viewpoint discrimination. The court holds that the square is a traditional public forum and the denial violates the Free Speech Clause.
Fernando Farrell applies to register the mark "The Slants" for his band. The Patent and Trademark Office refuses registration on the ground that the mark is disparaging. Farrell sues claiming the refusal violates the Free Speech Clause. The court holds that the disparagement clause constitutes viewpoint discrimination and strikes it down.
Freya Freeman, a public school teacher, writes a letter to a local newspaper criticizing the school board's handling of a bond issue. The board fires her for the letter. Freeman sues claiming retaliation in violation of the Free Speech Clause. The court balances her interest in commenting on a public concern against the board's interest in efficient operations and finds the discharge unconstitutional.
Fatou Fall's church posts temporary directional signs directing worshippers to services. The town cites her under its sign code that treats directional signs more restrictively than ideological or political signs. Fall challenges the code as content-based. The court applies strict scrutiny and invalidates the ordinance under the Free Speech Clause.
The clause does not apply when permanent monuments or similar displays constitute government speech. The government may select which messages to convey through such displays and need not accept additional monuments whose messages it rejects.
Supporting sources
The clause protects such speech when the employee speaks as a citizen on a matter of public concern. Courts then balance the employee's interest against the government's interest in the efficient provision of public services.
Such regulations are subject to strict scrutiny. A town may not impose different restrictions on signs based on the topic or message they convey unless the distinctions survive that demanding review.
Supporting sources
…of the Town. The Churches challenged the Sign Code in federal district court, arguing that it violated the First Amendment’s Free Speech Clause. The District Court denied the Churches’ motion for a preliminary injunction, and the Ninth Circuit affirmed, holding that the Sign Code was content neutral and did not warrant heightened…