Free Speech in the U.S.

While we regularly talk about freedom of expression in the U.S., it is the case that some forms of expression are regulated: one cannot say anything one wishes. An often-quoted example is that you cannot claim protection under the first ammendment if you shout Fire! in a crowded theater. So if the U.S. does impose restrictions on speech, where does it draw the line on what is permitted and what is not?

U.S. courts have generally divided speech into categories, with some categories receiving more protection than others. For example, political expression—ranging from political speeches to controversial forms of political expression like burning the flag—has historically received a high level of protection. On the other hand, commercial expression—especially business advertising—is less protected, with some forms of expression (e.g., misleading or fraudulent advertising) being prohibited.

Congress and some states have attempted to pass laws restricting the publication of offensive materials (e.g., pornography, hate speech, bomb-making instructions). However, with very few exceptions (e.g, child pornography and vaguely defined "obscenity" statutes), Supreme Court rulings have sided with publishers of controversial materials rather than with those who find them offensive, on the basis that to do otherwise would violate the first amendment rights of the publishers. Generally speaking, if it is legal to publish something in paper form, then it is legal to publish it on the Web.