Fox on :
Concerning "freedom of speech":
The first amendment reads: "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."
The freedom of speech is separated from the freedom of religion by a semi-colon, indicating that it is a separate right.
In proposing the bill of rights, Madison listed those two rights seperately:
"Fourth, that in Article I, Section 9, between clauses 3 and 4, be inserted these clauses, to wit:
The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed.
The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.
The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the legislature by petitions or remonstrances for redress of their grievances...."
I don't recall if I used the term "freedom of speech" or "of expression". The latter is often substituted for the former by those arguing that pornography is covered by the first amendment, since pornographic pictures aren't speech. They argue that the term "speech" is meant to include art, and therefore pornography falls under this protection.
Quoted sources: The Constitution of the United States of America.
James Madison " A Bill of Rights Proposed," Annals of American History. http://www.america.eb.com/america/article?articleId=385348
The first amendment reads: "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."
The freedom of speech is separated from the freedom of religion by a semi-colon, indicating that it is a separate right.
In proposing the bill of rights, Madison listed those two rights seperately:
"Fourth, that in Article I, Section 9, between clauses 3 and 4, be inserted these clauses, to wit:
The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed.
The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.
The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the legislature by petitions or remonstrances for redress of their grievances...."
I don't recall if I used the term "freedom of speech" or "of expression". The latter is often substituted for the former by those arguing that pornography is covered by the first amendment, since pornographic pictures aren't speech. They argue that the term "speech" is meant to include art, and therefore pornography falls under this protection.
Quoted sources: The Constitution of the United States of America.
James Madison " A Bill of Rights Proposed," Annals of American History. http://www.america.eb.com/america/article?articleId=385348
