The Constitution guarantees many types of civil liberties, including freedom
of speech and the press, freedom of religion, and the rights of the accused. Over
time, Americans have expanded their civil liberties to include the right to
privacy.
Freedom of Speech and the Press
The First Amendment grants citizens freedom of speech, press, petition,
and assembly, all essential for citizens to communicate freely in a democracy.
Citizens must have the right to criticize the government for democracy to
function properly. The courts have granted Americans wide-ranging freedoms of
speech and expression.
Unprotected Speech
Not all speech is protected, however. In some cases, the government
has the legal right to regulate what Americans say and print. Free speech
must first pass a number of tests:
-
Clear-and-present-danger test: Speech that has the
potential to cause harm or that constitutes a clear-and-present danger
to the government is not protected.
-
Bad-tendency rule: Speech that might lead to some
sort of “evil,” such as the violent overthrow of the government, is not
protected.
-
Obscenity test: Speech that is considered obscene is
not protected, even though Americans have different opinions on what
material might be considered obscene.
-
Slander test: Speech that states something about a
person or group that is known to be false is not protected because such
speech (known as slander) can damage people’s otherwise
good reputations.
-
Libel test:Libel, or printed material
that slanders others, is also not protected; one important exception
relates to public figures: People are free to print anything they want
about public figures so long as they do not demonstrate actual
malice (a reckless disregard for the truth with the aim of
hurting the person).
Restrictions
In some trials, judges issue gag orders, which restrict
what journalists can report about the trial. Prior restraint is
a governmental act that stops the publication of materials thought to be
damaging or slanderous; in recent years, the government has had a difficult
time exercising prior restraint.
