Freedom of speech is the most sacred right in American history. Documents such as the Magna Carta and the English Bill of Rights granted individuals increased rights, but did not go as far as to permit freedom of speech. Many colonial Americans resented the perceived tyranny of the English government but felt that they were unable to speak up against it. The Revolutionary War was fought partially to secure liberty and individual rights for all citizens.

The framers of the Constitution were very clear when addressing freedom of speech. Their intention was to allow citizens to speak their ideas and opinions without fear of repercussion—especially when addressing the government. Freedom of speech was so significant that it was included in the First Amendment.

The concept of freedom of speech has been constantly challenged, re-evaluated, and redefined since the Constitution was first created. The country and the culture have evolved beyond what the Framers of the Constitution envisioned. The Supreme Court has repeatedly ruled on when speech is allowed and when speech is prohibited.

Speech is classified in two ways: pure speech and speech plus. Pure speech is defined as any direct form of written or oral communication that is targeted toward a specific individual or group. Some examples of pure speech include face-to-face communication, broadcast speech, or written publications.

Speech plus may involve direct communication but also includes "expressive conduct." Expressive conduct must involve an action such as distributing pamphlets, picketing, or participating in a public protest. Speech plus incorporates actions in addition to spoken or written communication; therefore, it is much more difficult to label as acceptable or unacceptable.

Another example of speech plus is symbolic behavior. Symbolic behavior is a broad designation that includes activities such as civil disobedience. Burning a U.S. flag, a Selective Service draft card, or an effigy are some of the best-known examples of symbolic behavior. Interpreting symbolic behavior is challenging, as it is often difficult to separate speech elements from behavioral elements. The U.S. was built on symbolic speech and expressive conduct with acts such as the Boston Tea Party. In light of our country's history, courts today almost always support freedom of symbolic speech unless there are criminal or potentially dangerous elements involved.

Copyright 2006 The Regents of the University of California and Monterey Institute for Technology and Education