Freedom of Speech and Expression
The First Amendment is arguably the most important amendment to the U.S. Constitution. As you may remember from Week 4, the freedom of speech is a fundamental right and core concept of liberty as defined in the Constitution. This course, along with most courts, uses the terms freedom of speech and freedom of expression interchangeably. That is because expressions, like burning a flag, have been interpreted by courts to constitute speech. There are, however, types of speech that are not protected under the First Amendment. Why would that be? Don’t we protect all speech in America? Can you think of speech that should not be protected under the First Amendment?