Understanding First Amendment Rights to Free Speech is critical for all and especially if campaigning for the office of "Defender of the Constitution". Respect for differing opinions is most often difficult when our opinions differ. allinjuryattorney.com

1. First Amendment Right to Free Speech
A week ago tonight, a presidential candidate claimed
his free speech rights ofthe First Amendment had been denied after protestors assembled in and around a
Chicago rally resulting in its cancellation. This event evoked many strong feelings and brought to the
forefront how difficult different opinions can be.
However, no matter which candidateyou support, understanding the First Amendment is critical. In
addition to understanding your free speech rights contained in the First Amendment, it is equally
important to respect other's rights and differing opinions. Respecting differing opinions is sometimes
the absolute mostdifficult thing to do.
Truly understanding the First Amendment is fundamental for the President and "Defender ofthe
Constitution". After voting in the primary Tuesday at a local school, I was again reminded ofthe
importance of"respect"and respecting other people's opinions even ifthey are different from my own. I'm
reminded ofa guest blog from 2012 entitled, "Respect Every Day- A St. Louis Head ofSchool Guest
Comments on Respect". (New City School is a Pre-K through 6th grade school recognized as highly
successful and focusedon thematic learning approaches including respect and commitment to diversity.)
While it can be profoundly difficult, debateand discussion ofvarious opinions is a crucial part ofour
democratic process.
Let us review the First Amendment:
"Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof, or abridging the freedom of
speech, or of the press; or the right of the people
peaceably to assemble, and to petition the
government for a redress of grievances".

2. It is important to rememberthat the First Amendment applies to Congress and prohibits Congress from
making laws that restrict free speech. Since a governmental entity did not cancel the political
rally, the presidential candidate was not denied his First Amendmentright. Protesting has long been a
freedom ofspeech used in politics in the United States. The US government usually only intervenes or
reduces free speech when the protest participants run afoul ofother laws that may endanger others and
that intervention has been the topic ofnumerous SupremeCourt decisions.
"The First Amendment protects citizens from the government, not from unfriendly audiences"
Honoring Free Speech, Respectively
Last weekend's events ofviolenceshould notbe
condoned by anyone. Protestors at political rallies arenot a new concept in American history. In 2008,
over 100,000 people gathered for a Barack Obama rally in St. Louis, Missouri which was the biggest
crowd ever at a U.S. event . There were protests,but no violence.
Frustration, anger, indignation,and panic are all emotions many ofus may be feeling during this election
cycle regardless ofthe candidateyou support. But, after the election we will all still be citizens and
neighbors which we must never forget in the midst ofdiffering opinions.
A careful reading ofthe First Amendmentreveals it protects several basic liberties-freedom ofreligion,
speech, press, petition, and assembly.Interpretation of the amendment is far from easy as court caseafter
court casehas tried to define its limits ofthese freedoms.
Time, Place and Manner Restrictions to Free
Speech
The First Amendment to the U.S. Constitution guarantees Freedom ofSpeech, however, this gua rantee
safeguards the right ofindividuals to express themselves without governmental restraint. The First
Amendment is not absolute. It has neverguaranteed all forms ofspeech without any restraint whatsoever.
The U.S. Supreme Court has repeatedly ruled that the state and federal governments may place
reasonable restrictions on the time, place and manner ofindividual expression. (TPM) restrictions

3. accommodatepublic convenienceand promote order by regulating traffic flow, preserving property
interests, conserving the environment, and protecting the administration ofjustice.
Time Restrictions regulate when individuals may express themselves. Government may curtail or
prohibit speech to address legitimatesocial concerns such as traffic congestions and crowd control. This
regulation speaks to protestors specifically. The SupremeCourt has held on more than one occasion that
in no way one may "insist upon a street meeting in the middle ofTimes Square at the rush hour as a form
of free speech"( Cox v. Louisiana 1965). In mostinstances a commuter's interest in getting to and from
work outweighs an individual's right to tie up traffic through political expression.
Place restrictions regulate where individuals may express themselves. The Supreme Court has recognized
three forums ofpublic expression:traditional public forums, limited public forums, and nonpublic
forums. Traditional public forums areplaces with a long tradition offreedom ofexpression such as a
public park or a street corner. Limited public forums or"designated public forum"is a place with a more
limited history ofexpressive activity usually for certain groups or topics. Examples being a university
meeting hall or a city -owned theater. Closed public forumsinclude places that traditionally have notbeen
open to public express, such as a jail or a military base.
Manner restrictions regulatethe mode ofthe individual expression. Not every form ofexpression requires
use of the written or spoken word. Some ofthe most visceral impressions are made by Symbolic Speech.
Symbolic speech can includesomething as complicatedas an algebraic equation to a simple nod ofthe
head. Symbolic expression includes swastikas and flag burning as protected speech by the Freedom of
Speech clause.However, whereand when youburn a flag can be problematic ifit violates another law.
When might your freedom of speech be
limited? Here are some Examples:
 In a private home. Again, the First Amendment prohibits government from abridging freedom of
speech. But unless an individual is acting on behalfofthe government or a government agent,
he or she is generally freeto prohibit any kind ofspeech he or she wishes in his or her own
home or any otherprivate setting as long as he or she does so without breaking another law
such as assaulting someone.
 In a private workplace. Ifyou work for a private employer, you generally have no right to free
speech in the workplace and you can be disciplined based on things you say unless you work for
the government. Your employercan run afoul ofother laws such as discrimination laws ifyou're
fired for religious expression or labor laws ifyou're fired for reporting labor violations or
whistleblowing.
 Social Media. Although social media sites seem like an ideal public forum for posting unpopular
or controversial content, as private companies, social media companies are technically free to
delete or otherwisecensorany contentthey find offensive
 School activities. Although students at public schools have the rightto Frist Amendment free
speech, theirrights are not be as extensive as the rights ofadults.
 Obscene speech. The First Amendmentdoes not protect speech or expression that is considered
'obscene'. However, the line between obscene and free speech is often hard to determine.

4.  Y ou may noturge support for organizations thatthe government has designed as sponsors of
terrorism, even ifyou disagree with the designation and give no money yourself.
With Freedom of Speech Comes Responsibility
The First Amendment does notcloak our words from consequence. Each ofus must think before we
express ourselves publically. Varying opinions and expression are protectedunder the First Amendment
within the consideration ofTime, Place and Manner. Even ifsomeone cannot be co nstitutionally
convicted for saying things publicly that may incite others to commit crimes, it does not mean it should be
condoned.
The fact that some speech that is hateful, reprehensibleand odious does not in any way mean that it is
admirable, rational or defensible.
Treasure and Understand Free Speech of the First
Amendment
Again, we should hold tightly to our First Amendment rights, but we must realizethe First Amendment is
not a free pass to say "whatever"we like, or "whenever"we like without responsibility. Free speech is
important during decision-making processes such as an election. We generally becomefar more
concerned with free speech when voicing our opinions and far less concerned with free speech ofothers
when they are expressing views differing from our own.
However, respecting everyone's First Amendmentrights is critical. Frankly, it is hard to do and I have to
remind myselfthat opinions different from my own arejust as important. Ultimately, respect ofone
another is critical after the election is overas we are all still neighbors and citizens ofthe same great
country and must live together.