Political speech concerns public questions: elections, government policy, official conduct, social movements, and proposed political change. It receives especially strong protection because self-government depends on citizens’ ability to criticize those in power, organize opposition, and hear competing arguments. The protection is not reserved for polite, popular, or factually comforting ideas. Advocacy does not lose protection […]
The Constitution drafted in 1787 created a stronger national government but contained few express guarantees of individual liberty. During ratification, Anti-Federalists warned that broad federal powers might be used against speech, religion, property, and criminal defendants. Federalists replied that the national government possessed only delegated powers, yet several states ratified while recommending amendments. James Madison […]
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