Few words for Freedom of Speech

Freedom of speech and the right is as set forth in the First and Fourteenth Amendments to the Constitution of the United States of America to communicate information, thoughts and views, independent from governmental restriction on material grounds. The opinion in Schenck v. U.S. (1919) by Oliver Wendell Holmes, Jr., states that the modern legal test of the validity of proposed day restrictions on freedom of speech work. The restriction is valid only if the speech in question poses a clear and existing threat. That is a risk or threat to security or other public interest that is serious and expected. Scandals, obscenity and previous obstacles are also involved in many cases involving freedom of expression and freedom of the press.

Gitlow v. New York statutory case

Gitlow v. New York statutory case in which the US Supreme Court ordered on June 8, 1925 for the US Constitution first amendment protection of free Speech which states that the federal Congress will not make any law. It abridges the freedom of speech. State governments also apply Court orders. It was the first Supreme Court decision to state that the due process clause of the Fourteenth Amendment requires state and federal governments to have the same standards and regulation of speech.

Gitlow vs American Government

The matter came to light in November 1999 when Benjamin Gitlaw, who had served as a member of the New York State Assembly and Alan Larkin were captured by New York City police officers for criminal activity and lawlessness under New York state law.  Gitlaw and Larkin were both members of the Communist Party and publishers of Revolutionary Age, a newspaper in which they issued the Left Manifesto, advocating for the fierce defeat of the American government. Whereas Gitlow explained that the article did not use the word violence of any kind. He was convicted and further sentencing was upheld by the state appellate court.

Need of Fourteenth Amendment

The Supreme Court heard oral arguments in April and November 1923 and delivered its verdict in June 1925, written by Justice Edward T. Sanford. The Court upheld Gitlow's sentence, but the ruling parties outspread free speech protections for individuals, since the court accepted that the first amendment was applicable to state government herewith the due task clause of the Fourteenth Amendment. The court admitted that freedom of speech and of the press which are protected by the first Amendment from abbreviation by Congress are among the underlying personal rights and independency secured by the due process clause of the fourteenth Amendment from detriment by the states.


These five rights protect freedom - the right of speech, religion, press, assembly and petition to the government. The Supreme Court has explained Speech and Press as covering not only speak, write, print, internet and other forms of statement. Freedom of speech also applies to public speech, showing expression, talking about burning topics and so on. Ruling that prohibited speech advocating potential violence. It was eventually overruled by the supreme court in 1930 and prohibited all forms of speech that the government could allow.

Freedom of Speech what is amendment?