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Part IV Rights, Ch.30 Free Speech and Free Press

Stephen M. Feldman

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 23 June 2021

The First Amendment states: “Congress shall make no law … abridging the freedom of speech, or of the press. …” Many Americans view the First Amendment protection of free expression, encompassing speech and writing, as a constitutional lodestar.1 In this vein, numerous Supreme Court justices and legal scholars have proclaimed that democracy cannot exist without robust free expression. Yet, free speech and a free press have not always held this exalted legal status. While courts throughout American history have interpreted free expression in accord with contemporary...
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