Knowledge Bank

Since the beginning of our nation we have believed in free speech of some form. The First Amendment of the Constitution guarantees this right to all Americans. However, not all speech is protected by this right. John H. Ely and Cass R. Sunstein attempt to define for us what speech is protected and what speech is not. By looking at their definitions we will see that there is no clear way to define these things. Furthermore, we must understand what this means for our judicial system and our democracy.