Civil Civics Summer 2025 Series: "Who's on First?": What's Up with Freedom of Speech?

Our closer look at the First Amendment continues with the second freedom: speech.

Even people who don't know much about the Constitution know about two rights: "freedom of speech!" and "the right to remain silent" (thanks, Dragnet and Law and Order). They know the words, anyway. But do they - or we - understand what they really mean?

They've been argued about and discussed since colonial times. And in this age of social media, information overload, and "fake news", defining them is more crucial than ever. Where's the line between "free speech" and speech that is meant to deceive? Between "alternative facts" and actual facts? Can we declare something to be wrong and still adhere to the Constitution? Is there room to call something "hate speech", or does that violate the spirit of the law? Why did the Supreme Court famously say "you can't yell 'fire!' in a crowded theater?"

We'll look at some relevant Supreme Court decisions, and decide whether or not we agree.