Who has the power to abridge people's freedom of speech?
Asked by: Alfred Green | Last update: February 15, 2026Score: 4.6/5 (13 votes)
In the U.S., the government (federal, state, and local) holds the power to abridge speech, but this power is heavily restricted by the First Amendment, which generally prohibits laws restricting expression's content, though it allows for time, place, and manner (TPM) restrictions or restrictions on certain unprotected categories (like incitement, defamation). Private entities, however, have broad power to restrict speech on their own property or platforms, as the First Amendment primarily limits government action.
Whose power to abridge people's freedom of speech?
The First Amendment states, in relevant part, that: “Congress shall make no law... abridging freedom of speech.”
Who has the power to limit freedom of speech?
Constitution of the United States
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
What does it mean to abridge freedom of speech?
“Congress shall make no law . . . abridging the freedom of speech, or of the press.” What does this mean today? Generally speaking, it means that the government may not jail, fine, or impose civil liability on people or organizations based on what they say or write, except in exceptional circumstances.
What are the 5 limits to freedom of speech?
Five key limits to freedom of speech include incitement to violence, true threats, defamation, obscenity/child pornography, and speech integral to criminal conduct, all of which are generally unprotected because they cause direct harm, incite immediate illegal acts, or involve other serious offenses like fraud or perjury, despite free speech protecting even offensive or unpopular ideas.
Policeman tries to "ABRIDGE FREE SPEECH"
How does the government control freedom of speech?
In public spaces, like public sidewalks, parks, and government buildings, your speech is most protected. However, the government can place time, place, and manner restrictions on speech to ensure that it doesn't disrupt public order. Time: The government can regulate when speech takes place, but not the content.
Can freedom of speech be taken away?
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the U.S. Constitution, many state constitutions, and state and federal laws.
What does it mean to abridge rights?
In a legal context, to abridge often means to limit or restrict certain rights, such as the right to vote or the rights of an administrator in a legal proceeding.
What does "abridge" mean in the constitution?
Text of the Amendment
The verb “abridge” means to “lessen” or “shorten.” The word can be traced back to the Latin abrevio, which means “to make brief.” In this context, the amendment prevents the states from removing or diminishing the rights of citizens.
What are the two exceptions to freedom of speech?
Two major categories of speech not protected by freedom of speech are incitement to imminent lawless action (speech intended to cause immediate illegal acts) and true threats (serious expressions of intent to commit violence), with other key exceptions including defamation, obscenity, fraud, and child pornography.
Does the US Constitution protect freedom of speech?
For over two centuries the Constitution has remained in force because its framers successfully separated and balanced governmental powers to safeguard the interests of majority rule and minority rights, of liberty and equality, and of the federal and state governments.
Which president limited freedom of speech?
Woodrow Wilson led our nation through World War I and successfully proposed the League of Nations, but also sought and secured passage of the Espionage Act of 1917 and the Sedition Act of 1918, limiting free speech perceived as being disloyal.
Who can violate freedom of speech?
Along with communicative restrictions, less protection is afforded to uninhibited speech when the government acts as subsidizer or speaker, is an employer, controls education, or regulates the mail, airwaves, legal bar, military, prisons, and immigration.
Who created the 21st amendment?
On February 20, 1933, Congress both initiated the Blane Act and proposed a new amendment to end prohibition. For the first time in the history of the Constitution, the new amendment was sent out for ratification by state ratifying conventions, as opposed to the more frequent method of state legislatures doing so.
Who said that where there is no law, there can be no freedom?
John Locke, in the 6th Chapter of his Second Trea- tise of Civil Government, said: So that, however it may bc mistaken, the end of law is not to abolish or restrain, but to preserve and enlarge freedom: for in all the states of created beings capable of laws, where there is no law, there is no freedom: for liberty is, ...
What does abridge mean in law?
In law, "abridging" means to shorten, diminish, or curtail something, like reducing the scope of a right, law, or text while keeping its substance, famously seen in the U.S. Constitution's First Amendment ("Congress shall make no law abridging the freedom of speech"). It also refers to creating a condensed version of legal texts, like a case summary or digest, or even reducing time limits in court procedures.
Who does the First Amendment say may not abridge freedom of speech?
The First Amendment only prevents government restrictions on speech. It does not prevent restrictions on speech imposed by private individuals or businesses. Facebook and other social media can regulate or restrict speech hosted on their platforms because they are private entities.
Whose power to abridge people's freedom of speech is specifically limited by the Amendment?
The First Amendment to the U.S. Constitution provides that the government must not “abridge the freedom of speech, or of the press.” Free speech has long been considered one of the pillars of a democracy. Explaining its importance, Justice Oliver Wendell Holmes, Jr.
What speech is not protected?
Speech not protected by the First Amendment generally falls into categories like incitement to imminent lawless action, true threats, obscenity, defamation (libel/slander), fighting words, fraud, child pornography, and speech integral to criminal conduct, though the lines can be narrow and context-dependent, with the bar for unprotected speech being very high. These exceptions don't apply to lies in general, which are usually protected, but do cover specific harmful falsehoods like fraud and defamation.
What is the Trump Executive Order for freedom of speech?
Executive Order 14149. Executive Order 14149, titled "Restoring Freedom of Speech and Ending Federal Censorship", is an executive order signed by Donald Trump, the 47th president of the United States, on January 20, 2025, the day of his second inauguration.
What are the limitations of the freedom of speech?
Freedom of speech isn't absolute; limitations exist for categories like incitement to violence, true threats, defamation (libel/slander), obscenity, child pornography, perjury, and fraud, with courts deciding what's unprotected, though even lies are often protected unless they fall into these specific exceptions. The government can also impose content-neutral time, place, and manner restrictions (e.g., noise, volume) but not ban speech based on its message.
What does the 4th Amendment protect citizens against?
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
What power does the FCC have?
A U.S. government agency overseen by Congress, the commission is the United States' primary authority for communications law, regulation and technological innovation.
Is freedom of speech an absolute right?
The right to free speech is not absolute. The U.S. Supreme Court has ruled that the government sometimes may be allowed to limit speech. Historically, a fundamental distinction arose between the content of speech and the means whereby that speech is expressed.