History UsefulNotes / TheFirstAmendment

Polling data is surprisingly revealing too. In a 2015 Pew Research Center poll of 38 countries, it found the United States was by far the most rabidly pro-Free Speech citizens in the country. 77% of Americans believe people should have the right to make offensive statements about their own religion publicly (compared to the global average of 35%) and 67% believe the same about offensive statements about minorities (Also 35% global average). 52% of Americans believe that people have the right to say sexually explicit statements, which may seem low, but is the second highest percentage in the world (70% of Spaniards believe) and only one of three to be 50% or higher (Poland being exactly 50%. The global average is 26%). And despite it being unprotected speech, the 44% of Americans believe in a right to call for global protest, as opposed to 25% global average. (This may have more to do with the United State's birth, which was pretty much the result of a giant violent protest.)

They love it. Few issues are so apolitical in the United States as free speech (not that there are not some charged opinions on the matter, this is America after all). And many Americans are loathed to side with the curtailing of Free Speech. Even organizations with detestable messages such as the KKK and Westboro Baptist Church are given the due note that while they might not like the message, they would prefer the organization keep on speaking their mind than the government shutting them down. The general reason is that, if the government can shut down a group they disagree with, then they can shut down speech that the opinions that they do agree with. As noted here and elsewhere, Americans can come off as loud and opinionated to the rest of the world, and that has certainly been fostered by the First Amendment freedom of speech.

Of course, the obvious remedy to such hateful opinions is to counter with ones you do agree with. Through the discourse, it would be assumed that either the point of the unpopular opinion was rebuked in the minds of the public OR that the exchange of differing points of view allowed the two who were opposed to come to a positive mixture. The founding fathers believed, and the supreme court has affirmed, that there are no opinions so vile or hateful that they can broadly be banned from having a voice in a government by and for the people. For every "hateful" idea, take a look at things such as FairForItsDay, which discuss some of the ideas that we see as beyond obvious to the point of stupid or racist with a modern perspective, yet were quite forward thinking for their time. For a less specific idea, it's the ability to say ''Series/{{Seinfeld}}'' [[ActuallyPrettyFunny is actually funny]] when everyone else thinks SeinfeldIsUnfunny.

All that said, Americans are well aware that their tolerance of free speech has some darker shades to it. Neo-Nazism has found a safe haven in the United States (in fact, the American Nazi party is the strongest branch of said party. Lest it cause some concern, they still aren't in numbers great enough to do much of anything to American politics aside from existing), where such ideas are unappetizing to the country that likes to think [[AmericaWinsTheWar they won that war.]] On the flip side of the coin, many Americans who hear of Germany's policy of NoSwastikas find it in a somewhat moral grey area of approval (if they don't think it's white washing history, which it isn't). Again, it boils down to an uncomfortable feeling that a government that can ban something offensive can ban something I agree with. (Also, Nazis being the AcceptableTargets that they are, find themselves at the butt of many jokes in America and many Americans in Germany aren't sure just where the line between tasteless humor and illegal speech is in such cases. Modern Germans make these jokes as well, but most Americans are first taken aback by the idea of [[GermanicDepressives Germans with a sense of]] [[GermanHumor humor at all.]]) The KKK and Westboro Baptist Church are also tolerated to exist, even though there are very choice words among the public about such actions. In fact, in a Supreme Court case (''Snyder v. Phelps'') that found in favor of Westboro Baptist Church, the Majority Opinion pretty much repeats that the court is only supporting the right of the church to say what it wants, not agreeing with what it says.

Any speech that would incite "Imminent Lawless Action". The classic hypothetical is "Shouting Fire in a Crowded Theater", which would incite a panic and create a possible risk to those who are exiting the theater. If this is falsely done, it is not protected (goes without saying if there is a real fire... or very likely a real fire, please, let people know. But if you get your kicks out of watching people panic and do it without a fire, you're going to get yourself arrested). Similarly, bomb jokes or hoaxes could get someone arrested such as in an airport, due in no small part to terrorism concerns. This also includes inciting riots or other criminal action, such as hiring a contract killer or asking someone to participate in a crime on your behalf.

One of the first major deviations of the United States Freedom of Speech from the rest of the world is that it's a lot harder to sue for defamation, be it libel or slander. Unlike other countries, in the U.S. a false statement is not defamation merely because of careless reporting and fact-checking. It must be a falsehood, knowingly and maliciously presented as the truth. I.E. You don't have to know it's true at the time, but if you don't correct yourself once it becomes known to you, then your statement no longer enjoys Freedom of Speech (side note: the "presented as the truth" element of this means that RefugeInAudacity is viable defense to defamation, since a statement that cannot be reasonably interpreted as true cannot be defamatory).

The First Amendment of the United States Constitution provides Americans with the right of Freedom of Speech as well as some other core ideals (among other things, including Freedom of Religion and Freedom of Establishing of Religion, as well as the Freedom to Peacefully Assemble and Freedom of the Press). Since the primary scope of this article is about Freedom of Speech, we will focus on that aspect, but given the broadness of that topic, it's easy to file those ideas under Freedom of Speech. And if there is one word to describe the United States' version of Freedom of Speech, it is Broad. Wiki/{{Wikipedia}} notes that the United States has some of the most liberal Freedom of Speech laws in the entire world, with only a few ways to actually be punished for offensive speech. It may come as a shock to many other people from Western Societies that have Free Speech, but not to the extent of the United States. The United States' First Amendment is the most likely culprit in divergences in UsefulNotes/TheCommonLaw from the rest of Common Law states and is also the reason most countries around the world find Americans to be loud and opinionated. It's also one of the reason why Americans have a large range of hot button issues. Americans are proud of their Freedom of Speech and exercise it every opportunity they can, as much as they can.

While the ability to speak ones mind freely about politics and the opinions of the day is generally the primary speech defined by this category, it does not necessarily have to do with politics. It just so happens speaking ones mind to politics is generally the most controversial form of free speech, hence the name. It could also protect your opinion on a brand or ability to discuss your opinions on [[Wiki/TVTropes various uses of narrative devices in media products and if such a use is proper.]] This is the most protected form of the speech and requires the strictest scrutiny when making laws that put restrictions on speech (more on this in a bit). This generally covers spoken and written words unless the speech falls into the next category.