What Is "Free Speech," Anyway?

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Let’s start with the basics. The First Amendment to the United States Constitution protects Americans’ right to free speech, and that’s not just about you being able to use your words.

The First Amendment allows people of faith to practice without persecution. It allows journalists to report in the public interest. It allows dissenters to organize and protest. It’s what allowed watchdogs to record instances of police brutality, including Eric Garner’s killing at the hands of New York police officers. It’s what allowed Jonathan Bachman to capture that iconic moment before Black Lives Matter protester Ieshia Evans—standing serenely with open arms, summer dress billowing behind her—was arrested on July 9, 2016, by Baton Rouge police.

Here’s what the First Amendment definitely doesn’t protect: a white supremacist punching a woman in the face, as we saw in Berkeley, California, during a pro-Trump demonstration on April 15. Violence erupted between self-described anti-fascist protesters and right-wingers who descended on Berkeley from across the country, ironically under the auspices of a “free speech rally.” Both sides wore masks and bore clubs.