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freedom of speech |
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freedom of speechRight, as stated in the 1st and 14th Amendments to the Constitution of the United States, to express information, ideas, and opinions free of government restrictions based on content. A modern legal test of the legitimacy of proposed restrictions on freedom of speech was stated in the opinion by Oliver Wendell Holmes, Jr. in Schenk v. U.S. (1919): a restriction is legitimate only if the speech in question poses a “clear and present danger”—i.e., a risk or threat to safety or to other public interests that is serious and imminent. Many cases involving freedom of speech and of the press also have concerned defamation, obscenity, and prior restraint (see Pentagon Papers). See also censorship. |
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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. For to him that opens himself, men will hardly show themselves adverse; but will fair let him go on, and turn their freedom of speech, to freedom of thought. This brought to our heroe's mind the custom which he had read of among the Greeks and Romans, of indulging, on certain festivals and solemn occasions, the liberty to slaves, of using an uncontrouled freedom of speech towards their masters. |
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