Free Speech

Free Speech

Freedom of speech is protected in the First Amendment of the Bill of Rights and is guaranteed to all Americans. Since 1920, the ACLU has worked to preserve free speech.

Freedom of speech, of the press, of association, of assembly and petition -- this set of guarantees, protected by the First Amendment, comprises what we refer to as freedom of expression. The Supreme Court has written that this freedom is "the matrix, the indispensable condition of nearly every other form of freedom." Without it, other fundamental rights, like the right to vote, would wither and die.

The ACLU’s Project on Speech, Privacy, and Technology (SPT) is dedicated to protecting and expanding the First Amendment freedoms of expression, association, and inquiry; expanding the right to privacy and increasing the control that individuals have over their personal information; and ensuring that civil liberties are enhanced rather than compromised by new advances in science and technology. The project is currently working on a variety of issues, including political protest, freedom of expression online, privacy of electronic information, journalists’ rights, scientific freedom, and openness in the courts.

Know Your Rights: Demonstrations and Protests »

ADDITIONAL RESOURCES

Spying on First Amendment Activity - State-by-State (2011 Map)

Law enforcement agencies across America continue to monitor and harass groups and individuals for doing little more than peacefully exercising their First Amendment rights. From the FBI to local police, U.S. law enforcement agencies have a long history of spying on American citizens and infiltrating or otherwise obstructing political activist groups.

Freedom of Expression (2005 Resource)

The nation's commitment to freedom of expression has been tested over and over again. Especially during times of national stress, like war abroad or social upheaval at home, people exercising their First Amendment rights have been censored, fined, even jailed. Those with unpopular political ideas have always borne the brunt of government repression. It was during WWI -- hardly ancient history -- that a person could be jailed just for giving out anti-war leaflets. Out of those early cases, modern First Amendment law evolved. Many struggles and many cases later, ours is the most speech-protective country in the world.

Policing Free Speech: Police Surveillance and Obstruction of First Amendment-Protected Activity (2010 PDF)

A report on Police Surveillance and Obstruction of First Amendment-Protected Activity

Freedom of Expression - ACLU Position Paper (1997 Resource)

Early Americans enjoyed great freedom compared to citizens of other nations. Nevertheless, once in power, even the Constitution's framers were guilty of overstepping the First Amendment they had so recently adopted. In 1798, during the French-Indian War, Congress passed the Alien and Sedition Act, which made it a crime for anyone to publish "any false, scandalous and malicious writing" against the government. It was used by the then-dominant Federalist Party to prosecute prominent Republican newspaper editors during the late 18th century.

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