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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