By Steven Barket
Las Vegas

NOTE: I am not an attorney, nor can I give legal advice. These are my opinions formed over decades of work and experience, much of which included 80-plus court cases when I was an expert court advisor.

The First Amendment of the United States Constitution guarantees freedom of speech and freedom of the press. These two essential liberties are enshrined in our nation’s founding document to protect the rights of citizens to express themselves without fear of censorship, intimidation, or retaliation.

Freedom of speech, often considered the cornerstone of all rights, means that individuals are free to say whatever they want, as long as their speech does not provoke violence, directly threaten another person, or incite criminal activity. The freedom of speech also protects speech that others may find offensive, provocative, or controversial. The Supreme Court has developed a long-standing tradition of affording broad protections to speech under the First Amendment. As a result, even speech that is unpopular or objectionable may still be legally permissible.

Freedom of speech also encompasses the right to peaceful assembly and protest. Citizens have the right to gather in public places, hold rallies, march, and protest government policies or actions peacefully. As long as the protests do not turn violent or infringe upon the rights of others, the government cannot suppress them.

Freedom of the press is also enshrined within the First Amendment, ensuring that the press is free to report news and information without censorship or government restriction. The news media’s role is to act as a critical watchdog on the government, holding elected officials accountable for their actions and providing citizens with the information they need to make informed decisions. Some say the mainstream media has moved away from this role and have become “lapdogs” for the government and merely parrot back talking points that government officials feed to them.

Freedom of the press is vital to our democracy because it allows the media to report on a wide range of issues, including corruption, injustices, and human rights abuses. This freedom ensures that there are no off-limits topics, that the government cannot suppress journalism it deems unfavorable, and it provides citizens with accurate information on matters that directly affect their lives.

While the freedoms of speech and of the press are essential to protecting democracy, there have been instances in which the government has attempted to restrict these rights. Often this comes from the congressional levels or from a president who is frustrated that the media is continually discovering frustrating information or uncomfortable truths. Indeed, press freedom is not immune to outside threats, at times becoming knee-deep in propaganda or media biases. It is still essential that such vital rights remain untouched.

The First Amendment freedoms of speech and of the press are central to democracy, allowing citizens to express themselves freely and the media reporting about important issues without fear of government censorship. The right of citizens to speak freely and to criticize government actions and policies is sacrosanct to sustaining a healthy democracy. As we continue to face challenging political and social issues, our commitment to these fundamental Freedoms must remain strong. These guarantees of our Constitution must continue to be upheld despite challenges and criticism.