Freedom of Speech in the United States

Some Supreme Court Decisions

The Supreme Court has long held that the First Amendment does not protect “true threats.” But the Court has never developed a standard for determining what constitutes a true threat, an issue that comes up with increasing frequency because of the Internet and social media. But in 2014, the Court will consider whether a conviction for threatening another person requires proof of the defendant’s subjective intent to threaten, or whether it is enough to show that a reasonable person would regard the statement as threatening. (Elonis v. United States, 730 F.3d 321 (3d Cir. 2013), cert. granted, 134 S.Ct. 2819 (2014).)

In this case, after Anthony Elonis’s wife and two children moved out of their home, she obtained a protective order from a Pennsylvania state court in response to his threatening and abusive posts on Facebook. In the days and weeks that followed, Elonis’s posts became even more venomous and explicit. Subsequently, Elonis posted threats to employees of his former workplace, FBI agents, and even a local kindergarten class. He was convicted of violating a federal law (18 U.S.C. § 875(c)) that makes it a crime to “transmit in interstate commerce communications containing a threat to injure another person.” The Third Circuit held that Elonis’s speech was not protected by the First Amendment because a reasonable person would regard it as a threat.

Other Freedom of Speech cases in the Supreme Court

In 2000, the United States Supreme Court upheld a Colorado law that prohibits approaching without consent within 8 feet of a person who is within 100 feet of a health care facility, for purposes of oral protest, education, or counseling. (Hill v. Colorado, 529 U.S. 277 (2000).) Earlier in 2013, the First Circuit upheld a Massachusetts law which makes it a crime for speakers other than clinic “employees or agents … acting within the scope of their employment” to “enter or remain on a public way or sidewalk” within 35 feet of an entrance, exit, or driveway of a “reproductive health care facility.” (McCullen v. Coakley, 708 F.3d 1 (1st Cir. 2013), cert. granted, 133 S.Ct. 2857 (2013).) The issue before the Supreme Court in McCullen is whether the Massachusetts law is unconstitutional under Hill and, if so, whether Hill should be overruled.

In another case, the Supreme Court considered whether a federal law allowing commanders of military bases to bar individuals from access (see 18 U.S.C. § 1382) can be applied to a public street outside of the military base which is on federal land, but over which an easement for public use has been granted. (United States v. Apel, 676 F.3d 1202 (9th Cir. 2012), cert. granted, 133 S.Ct. 2767 (2013).) If the statute does apply, the question was whether the military’s restriction of speech on a public road violates the First Amendment.

Freedom of Speech

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled FREEDOM OF SPEECH, the Freedom of speech is guaranteed in the American Constitution by the first amendment. Adopted in 1791 as the first provision of the bill of rights, the First Amendment reads (excluding the clauses on religion) : “Congress shall make no law abridging the freedom of speech, or of the (read more about Constitutional law entries here).

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled FREEDOM OF SPEECH Questions about freedom of speech, it can be divided into questions of coverage (or scope) and questions of protection (or strength) . The question of coverage is the question, logically primary, whether some act, event, behavior, state of affairs, or case is indeed a free
(read more about Constitutional law entries here).

Freedom of Speech, Sexual Behaviour and the Law

Freedom of Speech

Freedom of Speech (Prisoner Rights)

This section introduces, discusses and describes the basics of freedom of speech. Then, cross references and a brief overview about Prisoner Rights is provided. Finally, the subject of Civil Rights Law in relation with freedom of speech is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

See Also

• First Amendment
• Obscene Language
• Obscenity
• Freedom of Expression
• Freedom Of Assembly Role
• Freedom of Petition
• Free Press

Further Reading

• Freedom of Speech in the Encyclopedia of Sexual Behavior and the Law