Supreme Court: Upholding Free Political Speech

January 1, 2018   •  By IFS Staff   •    •  

Questions about free speech and the First Amendment are often decided at the Supreme Court. Over the years, the Court has dealt with such contentious political speech cases as flag burning, campaign spending limits, and banning political films.

While there is typically some disagreement on the Court on any individual case, the Court has long held that for any political speech restrictions, whether it be political protests, advertisements with political messages, or contributions to political campaigns, the government must meet the highest possible standard, strict scrutiny.

To date, this means that the Supreme Court has often been a bastion for the protection of free political speech. It has struck down many attempts by Congress and government agencies to regulate speech they do not like. In a democracy, elected politicians will inevitably seek to restrict their opposition’s First Amendment rights. It is therefore imperative that the Supreme Court continue to robustly defend the First Amendment.

IFS Staff

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