Freedom of Expression/Legal Codification/US implicit: Difference between revisions

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|questionHeading=Has it been interpreted as being implicit in the US Constitution?
|questionHeading=Has it been interpreted as being implicit in the US Constitution?
|pageLevel=Question
|pageLevel=Question
|contents=
|contents=Yes. The First Amendment is presumed to guarantee the right to free expression by guaranteeing the right to freedom of speech, freedom of the press, freedom of peaceable assembly, and freedom of petition, though the phrase “freedom of expression” is not explicitly used in the Constitution.
Given that freedom of expression is often used as a blanket term for the numerous rights enshrined by the First Amendment, free speech, press, petition, and association, its parameters are implicit. For example, while the First Amendment does assert the right to free speech, it does not go into detail about the nature or degree of free speech. For this reason, what counts as protected “expression” is implicit. Demonstrated by exceptions, summarized in "Are there any exceptions in American law to this right?", to the First Amendment, the implications of the right to free expression are often determined by the Supreme Court’s decisions. Furthermore, cases such as Schenk v. United States, Chaplinsky v. New Hampshire, Miller v. California, New York Times Company v. Sullivan, and Central Hudson Gas & Electric Corporation v. Public Service Commission of New York, have created precedents making the parameters of free expression increasingly explicit, as each case demonstrates how certain forms of expression are or are not protected by the First Amendment.
 
 
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Revision as of 12:28, 23 January 2023

Freedom of Expression

Has it been interpreted as being implicit in the US Constitution?

Yes. The First Amendment is presumed to guarantee the right to free expression by guaranteeing the right to freedom of speech, freedom of the press, freedom of peaceable assembly, and freedom of petition, though the phrase “freedom of expression” is not explicitly used in the Constitution.



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