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Which government actions are subject to the First Amendment?
The First Amendment, like the rest of the Bill of Rights, originally restricted only what the federal government may do and did not bind the states. Most state constitutions had their own bills of rights, and those generally included provisions similar to those found in the First Amendment. But the state provisions could be enforced only by state courts.

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  1. Scope of the First Amendment: The First Amendment primarily restricts actions taken by the federal government. Originally, it did not apply to state governments, which operated independently. Each state had its own constitution with rights that mirrored the First Amendment.

  2. State Constitutions: Many state constitutions included similar protections as those in the First Amendment. These provisions were designed to safeguard individual rights at the state level. However, they could only be enforced through state courts.

  3. Enforcement Mechanisms: While the First Amendment limits federal government actions, state-specific rights are enforced within state legal systems. This means individuals seeking to invoke their rights must rely on state courts for protection. The distinction highlights the dual structure of rights protection in the U.S. legal framework.

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Freedoms of speech, of the press, of assembly, and to petition
The freedoms of speech, of the press, of assembly, and to petition—discussed here together as “freedom of expression”—broadly protect expression from governmental restrictions. Thus, for instance, the government may not outlaw antiwar speech, speech praising violence, racist speech, pro-communist speech, and the like. Nor may the government impose special taxes on speech on certain topics or limit demonstrations that express certain views. The government also may not authorize civil lawsuits based on people’s speech, unless the speech falls within a traditionally recognized First Amendment exception. This is why, for example, people may not sue for emotional distress inflicted by offensive magazine articles about them, unless the articles are not just offensive but include false statements that fall within the defamation exception (see below Permissible restrictions on expression).

  1. Overview of Freedom of Expression: The freedoms of speech, press, assembly, and petition collectively form the foundation of "freedom of expression," safeguarding individual expression from government interference. These protections ensure that the government cannot restrict various forms of speech, including those that might be unpopular or controversial, such as antiwar or racist speech. Consequently, these freedoms are essential for maintaining a diverse and open discourse in society.

  2. Limitations on Government Action: The government is prohibited from imposing restrictions such as special taxes on speech or limiting protests based on the views expressed. This means that individuals can freely demonstrate and share their opinions without fear of governmental reprisals or financial burdens. Moreover, any civil lawsuits against individuals for their speech are not permissible unless the speech qualifies for an established exception.

  3. Exceptions to Protection: Although freedom of expression is broadly protected, there are recognized exceptions where speech can be subject to legal action, such as defamation. For instance, individuals may not sue for emotional distress caused by offensive speech unless it contains false statements qualifying as defamation. This established framework preserves the balance between protecting free expression and addressing harmful or untruthful speech.