Myth: Freedom of speech allows people to say anything, anytime, anywhere.
Truth: The First Amendment protects freedom of speech, press, religion, assembly and petition. Without it, religious minorities could be persecuted, the government could establish a national religion, protesters could be silenced, the press would be banned from criticizing the government, and citizens could not assemble for social change.
The Supreme Court has held that the 1st amendment restrictions on government power apply to state governments, based on the “incorporation doctrine.” This is contrary to original intent, but is the current policy of the courts. Over the years, the definition of “free spech” has been broadened to include things such as flag burning, obscenity, and other forms of “expression.” It is doubtful that the founding fathers intended for such things to be protected, as their primary objective was to protect speech on political issues, so that Congress could not shut down dissent from a minority (or majority) of the people.
