"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
-- U.S. Constitution, Bill of Rights
Includes the right:  |
Does not include the right:  |
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Not to speak (specifically, the right not to salute the flag). |
To incite actions that would harm others (e.g., “[S]hout[ing] ‘fire’ in a crowded theater.”). Schenck v. United States, 249 U.S. 47 (1919) |
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Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”). |
To make or distribute obscene materials. Roth v. United States, 354 U.S. 476 (1957) |
| To use certain offensive words and phrases to convey political messages. Cohen v. California, 403 U.S. 15 (1971) |
To burn draft cards as an anti-war protest. United States v. O’Brien, 391 U.S. 367 (1968) |
| To contribute money (under certain circumstances) to political campaigns. Buckley v. Valeo, 424 U.S. 1 (1976) |
To permit students to print articles in a school newspaper over the objections of the school administration. |
|
To engage in symbolic speech, (e.g., burning the flag in protest). |
Of students to make an obscene speech at a school-sponsored event. Bethel School District #43 v. Fraser, 478 U.S. 675 (1986) |
| To advertise commercial products and professional services (with some restrictions). Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977) |
Of students to advocate illegal drug use at a school-sponsored event. |
-- United States Courts (uscourts.gov)
