Freedom of Speech
Does the 1st Amendment of the U.S. Constitution - which prohibits the federal government from "abridging the freedom of speech" - also apply to state and local governments?
Correct Answer
When the 1st Amendment was originally ratified in 1791, it only applied to the federal government. However, Congress passed the 14th Amendment in 1868 to change this dynamic. When Republican Senator Jacob Howard introduced the 14th, he stated that its primary purpose is "to restrain the power of the States and compel them at all times to respect" the "personal rights guaranteed and secured by" the Bill of Rights, including "freedom of speech" and all of the others. Local governments were also included in this because they are subordinate to the states. The U.S. Supreme Court initially flouted the 14th by ruling in 1875 that it doesn't require state governments to honor the Bill of Rights, despite the clear words of the amendment. However, the Court has since ruled on multiple occasions that states must honor Constitutional rights that the Court deems "fundamental" to the American "scheme of ordered liberty," including freedom of speech.
DocumentationBill of RightsFreedom of Speech