Also known as: liberties of speech · freedom of speech · free speech
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional protection against governmental restriction of expression. The protection prevents Congress from making any law abridging the freedom of speech or of the press.
Luna Lang organized a sidewalk demonstration outside city hall to criticize a new tax policy. City police cited her under an ordinance that banned all handheld signs larger than a postcard. Lang challenged the citation, arguing the size limit prevented effective communication of her message to passersby and officials.
Lorenzo Lugo offered to donate a large metal sculpture criticizing local development to a public park. The city arts council declined the gift, stating the piece conveyed an unwelcome policy message. Lugo sued, claiming the refusal violated his right to have his expression displayed in the public space.
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Lucy Liu published an article in her local paper accusing a public official of misusing campaign funds. The official sued for defamation. Liu defended on the ground that the statements concerned a matter of public interest and lacked actual malice.
Landon Long, a counselor at a reproductive health clinic, spoke publicly about available medical options for patients. State regulators threatened to revoke the clinic's license for the statements. Long asserted that the threatened action interfered with protected discussion of lawful services.
Latoya Lane handed out pamphlets describing over-the-counter contraceptive options at a community health fair. Police arrested her under a statute limiting distribution of such materials. Lane argued the arrest suppressed her ability to convey accurate health information to attendees.
Lance Lee wrote an article in a national magazine questioning the professional competence of a private attorney. The attorney sued for defamation. Lee contended that the article addressed a matter of public concern and that the plaintiff could not prove actual malice.
The First Amendment generally prohibits prior restraints on expression. Courts have recognized narrow exceptions only when the speech poses an immediate threat to public safety or national security that cannot be addressed through subsequent punishment.
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When a permanent monument in a public park is treated as government speech, even if privately donated, its selection is not subject to free speech review. The government may reject messages it does not wish to endorse without violating the Free Speech Clause.
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Public officials must prove actual malice to recover for defamatory statements about their official conduct. This requirement protects robust public debate while still allowing recovery when statements are made with knowledge of falsity or reckless disregard for the truth.
…in the Constitution. This liberty' is not a series of isolated points pricked out in terms of the taking of property; the freedom of speech, press, and religion; the right to keep and bear arms; the freedom from unreasonable searches and seizures; and so on. It is a rational continuum which, broadly speaking, includes a freedom…