Wanna know more about free speech?
Freedom of speech includes the right:
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Not to speak (specifically, the right not to salute the flag).
West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943). -
Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
Tinker v. Des Moines, 393 U.S. 503 (1969). -
To use certain offensive words and phrases to convey political messages.
Cohen v. California, 403 U.S. 15 (1971). -
To contribute money (under certain circumstances) to political campaigns.
Buckley v. Valeo, 424 U.S. 1 (1976). -
To advertise commercial products and professional services (with some restrictions).
Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977). -
To engage in symbolic speech, (e.g., burning the flag in protest).
Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).
Freedom of speech does not include the right:
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To incite actions that would harm others (e.g., “[S]hout[ing] ‘fire’ in a crowded theater.”).
Schenck v. United States, 249 U.S. 47 (1919). -
To make or distribute obscene materials.
Roth v. United States, 354 U.S. 476 (1957). -
To burn draft cards as an anti-war protest.
United States v. O’Brien, 391 U.S. 367 (1968). -
To permit students to print articles in a school newspaper over the objections of the school administration.
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988). -
Of students to make an obscene speech at a school-sponsored event.
Bethel School District #43 v. Fraser, 478 U.S. 675 (1986). -
Of students to advocate illegal drug use at a school-sponsored event.
Morse v. Frederick, __ U.S. __ (2007).
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the Constitution. This constitutional right of free speech only prevents government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are governmental institutions acting on behalf of the government.
Many laws exist to restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary with coworkers or attempting to organize a labor union. These laws are not the First Amendment and these protections are not imposed by the First Amendment.
In summary, if you're not in jail or being arrested, then your First Amendment freedom of speech is probably not being infringed.
Does this mean you can say anything you want? Anything at all? Well, sort of. You see, I have the right to free speech too, and I can tell you to get stuffed, or kick you out of my store for acting like an ass.
The right to free speech does not mean a freedom from consequence.
