Legal Definitions - freedom of speech

Freedom of speech is the right to express your thoughts and opinions without being punished by the government. The First Amendment of the United States Constitution protects this right by preventing Congress from making laws that limit freedom of speech.

However, there are some circumstances where the government can restrict speech. For example:

• Obscenity and Indecency: The government can ban media that is considered obscene or child pornography. Indecent speech, which describes or depicts offensive sexual activity, is generally protected, but the government can regulate it on radio and television if there is a compelling reason and it is done in the least restrictive manner.
• Defamation: Private and public figures can sue someone for making false statements about them. Public figures must prove that the person made the statement with malice, while private figures must prove that the person failed to act with reasonable care.
• Incitement: Speech that intends to incite violations of the law is not protected under the First Amendment.
• Fighting words: Speech that is likely to provoke violence or a physical altercation is not protected.

It's important to note that private entities, such as companies and private employers, can regulate speech on their platforms and within their workplace since the First Amendment only applies to the government. For example, Facebook, Instagram, and Twitter were able to ban President Donald Trump from their sites in 2021 without legal repercussion.

In the case Manhattan Community Access Corporation v. Halleck, the Supreme Court affirmed that private entities are not restricted by the First Amendment. Manhattan Neighborhood Network, a nonprofit that operates public access channels in Manhattan, suspended two employees after receiving complaints about a film they produced. The employees argued that this was a violation of their First Amendment rights, but the Supreme Court held that the nonprofit couldn't be subjected to the First Amendment since it was not a government entity or a state actor.

Similarly, in Nyabwa v. Facebook, the Southern District of Texas affirmed that private entities are not subject to the First Amendment. The plaintiff sued Facebook for locking his account after he spoke about President Donald Trump's business conflicts of interest. The court dismissed the lawsuit, stating that the First Amendment only prevents Congress and other government entities from restricting freedom of speech, not private entities.