Freedom of Speech and Expression

As a citizen or resident of the United States of America, individuals are free to believe whatever they want. They can also express those beliefs verbally in writing, art, and dozens of other ways. While there are limits on expression, the Supreme Court has always placed the burden of proof on the government to demonstrate that a particular form of expression is so harmful to society that a limitation of free expression rights is warranted.

Freedom of speech and expression rights allow individuals to engage in public political debates, criticize political parties or politicians and their ideas, and to unite in groups aimed at gaining power and influence in the political process.

Freedom of Religious Expression

Perhaps one of the most important rights in America’s early political history is the freedom of individuals to worship who, what, and how they choose. Limitations on religious expression must meet the same high standards the Court has established for limiting other kinds of expression. Moreover, governments are not permitted to establish official religions or churches or to favor one religion over another. These freedoms have allowed thousands of different religions and churches to flourish in America.

Freedom to Assemble Publicly

In many nations around the world, individuals are not free to gather together and associate with like-minded groups of people. Consequently, even if large numbers of individuals have common beliefs or opinions, they are not able to join together in their support of such ideas. In the United States, there are tens of thousands of groups that meet regularly to discuss and pursue common goals. These groups cover such topics as religion, politics, hobbies, business, cultural interests, economics, and shared academic interests. The ability to form groups and meet regularly fosters diversity that would not be otherwise possible.

Freedom to Sue the Government

In many countries, when the government wrongs an individual, the wronged party has no course for appeal. The United States Constitution, in the First Amendment, however, guarantees the right of individuals or groups of individuals to petition the government for a redress of their grievances. This right has been exercised by or on behalf of millions of Americans to bring violations of rights to the attention of the government. In fact, almost every Supreme Court case discussed in this course has been in response to an individual or group filing a grievance against the government. The Supreme Court stands as an independent third party to which Americans can turn when they believe the government has violated their rights. In lesson 6, you will read about the importance of this right during the Civil Rights Movement and the progress that was made during that time period toward the extension of rights toward black Americans nearly one hundred years after the Civil War.