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In the United States, freedom of speech and freedom of the press are protected by the First Amendment in the Bill of Rights developed for our nation’s Constitution. Roughly interpreted, these freedoms suggest that anyone should be able to express his or her views, and that the press should be able to publish whatever it wants, without prohibition from Congress. But there’s always been a tension between the notion of free expression and the idea that some expression (such as sexually explicit words or images) should perhaps be prohibited or censored. Many people have wondered what free expression really means.

In this section, we examine several aspects of free speech and freedom of the press. We explore the roots of the First Amendment and different interpretations of free expression that have arisen in modern times. We look at evolving notions of censorship and forms of expression that are not protected by the U.S. Constitution. And we consider ways in which the First Amendment has clashed with the Sixth Amendment, which guarantees accused individuals the right to speedy and public trials by impartial juries.