Free Speech – Can Americans Always Say What They Want?

The United States protects free speech and other forms of expression more aggressively than any nation on Earth. This liberty comes with limits, however, and US constitutional law has evolved over two centuries to show the line dividing what Americans can and cannot publicly say. Knowing the difference is extremely important.

01The Free Speech Minefield

Many Americans misunderstand what the First Amendment protection of their free speech means in their daily lives, often with disastrous consequences. The same words can have dramatically different impacts depending on context. For instance, racist or other hate speech is legally protected, but using such language while at work could get you fired. This could also extend to political messaging such as a hat displaying the “Black Lives Matter” or “Make America Great Again” logo.

This is because the Constitution protects Americans from government, but it doesn’t protect them not from each other. The First Amendment states simply that “Congress shall make no law… abridging the freedom of speech, or of the press…” It does not state that McDonald’s can’t fire you for screaming at customers to comply with your preferred pronouns or using your paid position to preach your religious or political views. The First Amendment may also constrain some privately owned entities that receive public funding, and overt discrimination is illegal for private businesses. But generally, private entities can “abridge” free speech quite freely.

The United States Supreme Court even ruled that Nazis and the KKK have a right to protest in public parades. What is commonly derided as “hate speech” may be hateful, but it is protected from government regulation. This is the societal cost of fully liberated tongues.

02Americans Must Understand Speech Limits

On the other hand, governments are generally allowed to impose reasonable time, place, or manner restrictions on private speech and to police speech that has been determined to be unprotected by the language of the First Amendment. For instance, Americans do not have the “right” to scream religious slogans outside their neighbor’s bedroom windows at 3 AM, or to block traffic in the name of political speech. Additionally, some forms of speech are “criminalized,” meaning some words can land Americans behind bars.

Nazis can preach for the genocide of Jews, but to call for an imminent physical assault on others is forbidden “incitement.” The KKK can make racist comments, but if they threaten violence to onlookers, they can be criminally prosecuted. And if hateful Antifa protesters employ extreme language designed to instigate a physical altercation, their speech can be constitutionally treated as “fighting words.” All of these exceptions to speech protection concern the tipping point where speech becomes something physically dangerous – where words translate into non-verbal action. Other sensible limits to freedom of speech include government bans against defamation, fraud, and obscenity.

Americans possess a long and rich legacy of legal guidance concerning their precious and historically unique First Amendment. Unfortunately, public schools appear to have failed to educate current generations about these important safeguards, and confusion abounds. Physically assaulting someone for words – or clothing – one finds offensive is not a free speech right. preaching whatever cause one believes in at work isn’t either. “Protesting” by destroying others’ property, interfering with lawful events or legal proceedings, or blocking roadways is not an exercise of protected free expression liberties, but thuggish behavior parading as freedom.