Here is that improbable opening line: “Persecution for the expression of opinions seems to me perfectly logical.” What could Holmes have been thinking? United States (1919) dissenting opinion, began what may be the single most poetic paragraph ever written by a Supreme Court justice on the meaning of freedom of speech. The First Amendment to the Constitution of the United States declares that “Congress shall make no law … abridging the freedom of speech.” What does and should this mean? Justice Oliver Wendell Holmes, in his famous Abrams v. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on legislation.To find out when the First Amendment protects your speech, check out this primer. Courts for use in educational activities only. Of students to advocate illegal drug use at a school-sponsored event.ĭisclaimer: These resources are created by the Administrative Office of the U.S. Of students to make an obscene speech at a school-sponsored event.īethel School District #43 v. To permit students to print articles in a school newspaper over the objections of the school administration. To burn draft cards as an anti-war protest. 310 (1990).įreedom of speech does not include the right:īrandenburg v. To engage in symbolic speech, (e.g., burning the flag in protest). To advertise commercial products and professional services (with some restrictions). To contribute money (under certain circumstances) to political campaigns. To use certain offensive words and phrases to convey political messages. Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”). Not to speak (specifically, the right not to salute the flag). “Congress shall make no law.abridging freedom of speech.” The First Amendment states, in relevant part, that:
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