The First Amendment in the United States of America's Constitution is perhaps the hallmark of what current President Bush refers to continually as our "freedom." It represents the fundamental difference between America and so many other countries that do not offer their citizens rights to freedom of speech, religion and the press.

             Specifically, the First Amendment of the United States Constitution guarantees the right to freedom of religion and freedom of expression without government interference. See U.S. Const. amend. I. Within that, the concept of freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. The Supreme Court and the lower courts interpret the extent of the protection afforded to these rights. The Supreme Court has interpreted the First Amendment to the Constitution as applying to the entire federal government even though it is only expressly applicable to Congress. Also, the Supreme Court has interpreted the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by any of the state governments. See U.S. Const. amend. XIV. (Legal Information Institute, 2005).

             And indeed, the most fundamental component of freedom of expression is the right of freedom of speech. The right to freedom of speech permits people to express their thoughts largely without interference or constraint by government entities. Of course, these protections are not without limits: The Supreme Court forces the government - whether federal or state or local -- to attach substantial justification for the interference with the right of free speech where it actually attempts to regulate the content of the speech.

             However, a less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may preclude some speech that may cause a breach of the peace or cause violence.