The concept of free speech dates to the 5thcentury B.C. in ancient Greece and was codified in America’s founding documents on Dec. 15, 1791, with the ratification of the Bill of Rights. The 45-word First Amendment prohibited Congress from “abridging freedom of speech, or of the press,” and has been long understood to include any branch of government.
James Madison, the drafter of the first 10 constitutional amendments, originally drafted a more fiery version of the First Amendment, one that included its underlying rationale: “The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.”
“Inviolable” is a powerful word, notwithstanding the fact that the right to speak and write freely has always come with various limitations. They range from libel and slander laws to national security secrets, obscenity statutes, and the notorious analogy popularized by Justice Oliver Wendell Holmes Jr. of “falsely shouting ‘fire!’ in a theater and causing panic.”
Most citizens accept some of these caveats; others do not. But by overwhelming majorities, Americans generally still cherish their rights to free expression — at least in theory. A new poll on censorship by RealClear Opinion Research shows that 90% of voters in the United States express support for the Founders’ curbs on government power.