We are hearing this term a lot of late, ranging from court gag orders to protests over the Middle East on college campuses. What exactly is freedom of speech? Here is what it says in the first amendment: “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.”
Does this apply to courts, always seen as part of the government? How about to state-sponsored universities? What about private entities? There is a long, convoluted history over this amendment, and this blog entry is certainly not going to provde all the answers, but it will point out some reliable sources:
First Amendment (LII Institute, Cornell University);
Freedom of Speech (First Amendment Center, Middle Tennessee State University);
Constitution Annotated (CRS, numerous links);
Amendment I (Speech and Press) (Founders’ Constitution, numerous links to sunderlying documents);
Free Speech Supreme Court Cases (Justia); and
Free Speech (numerous reports from the Congressional Research Service).
A relevant 2023 monograph should also be consulted – What is Academic Freedom: A Century of Dabate, 1915 – Present.
Congressman Frank J. Guarini Library Blog 