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Freedom of Speech

By: History.com Editors

Updated: July 27, 2023 | Original: December 4, 2017

A demonstration against restrictions on the sale of alcohol in the united states of America.Illustration showing a demonstration against restrictions on the sale of alcohol in the united states of America 1875. (Photo by: Universal History Archive/Universal Images Group via Getty Images)

Freedom of speech—the right to express opinions without government restraint—is a democratic ideal that dates back to ancient Greece. In the United States, the First Amendment guarantees free speech, though the United States, like all modern democracies, places limits on this freedom. In a series of landmark cases, the U.S. Supreme Court over the years has helped to define what types of speech are—and aren’t—protected under U.S. law.

The ancient Greeks pioneered free speech as a democratic principle. The ancient Greek word “parrhesia” means “free speech,” or “to speak candidly.” The term first appeared in Greek literature around the end of the fifth century B.C.

During the classical period, parrhesia became a fundamental part of the democracy of Athens. Leaders, philosophers, playwrights and everyday Athenians were free to openly discuss politics and religion and to criticize the government in some settings.

First Amendment

In the United States, the First Amendment protects freedom of speech.

The First Amendment was adopted on December 15, 1791 as part of the Bill of Rights—the first ten amendments to the United States Constitution . The Bill of Rights provides constitutional protection for certain individual liberties, including freedoms of speech, assembly and worship.

The First Amendment doesn’t specify what exactly is meant by freedom of speech. Defining what types of speech should and shouldn’t be protected by law has fallen largely to the courts.

In general, the First Amendment guarantees the right to express ideas and information. On a basic level, it means that people can express an opinion (even an unpopular or unsavory one) without fear of government censorship.

It protects all forms of communication, from speeches to art and other media.

Flag Burning

While freedom of speech pertains mostly to the spoken or written word, it also protects some forms of symbolic speech. Symbolic speech is an action that expresses an idea.

Flag burning is an example of symbolic speech that is protected under the First Amendment. Gregory Lee Johnson, a youth communist, burned a flag during the 1984 Republican National Convention in Dallas, Texas to protest the Reagan administration.

The U.S. Supreme Court , in 1990, reversed a Texas court’s conviction that Johnson broke the law by desecrating the flag. Texas v. Johnson invalidated statutes in Texas and 47 other states prohibiting flag burning.

When Isn’t Speech Protected?

Not all speech is protected under the First Amendment.

Forms of speech that aren’t protected include:

  • Obscene material such as child pornography
  • Plagiarism of copyrighted material
  • Defamation (libel and slander)
  • True threats

Speech inciting illegal actions or soliciting others to commit crimes aren’t protected under the First Amendment, either.

The Supreme Court decided a series of cases in 1919 that helped to define the limitations of free speech. Congress passed the Espionage Act of 1917, shortly after the United States entered into World War I . The law prohibited interference in military operations or recruitment.

Socialist Party activist Charles Schenck was arrested under the Espionage Act after he distributed fliers urging young men to dodge the draft. The Supreme Court upheld his conviction by creating the “clear and present danger” standard, explaining when the government is allowed to limit free speech. In this case, they viewed draft resistant as dangerous to national security.

American labor leader and Socialist Party activist Eugene Debs also was arrested under the Espionage Act after giving a speech in 1918 encouraging others not to join the military. Debs argued that he was exercising his right to free speech and that the Espionage Act of 1917 was unconstitutional. In Debs v. United States the U.S. Supreme Court upheld the constitutionality of the Espionage Act.

Freedom of Expression

The Supreme Court has interpreted artistic freedom broadly as a form of free speech.

In most cases, freedom of expression may be restricted only if it will cause direct and imminent harm. Shouting “fire!” in a crowded theater and causing a stampede would be an example of direct and imminent harm.

In deciding cases involving artistic freedom of expression the Supreme Court leans on a principle called “content neutrality.” Content neutrality means the government can’t censor or restrict expression just because some segment of the population finds the content offensive.

Free Speech in Schools

In 1965, students at a public high school in Des Moines, Iowa , organized a silent protest against the Vietnam War by wearing black armbands to protest the fighting. The students were suspended from school. The principal argued that the armbands were a distraction and could possibly lead to danger for the students.

The Supreme Court didn’t bite—they ruled in favor of the students’ right to wear the armbands as a form of free speech in Tinker v. Des Moines Independent School District . The case set the standard for free speech in schools. However, First Amendment rights typically don’t apply in private schools.

What does free speech mean?; United States Courts . Tinker v. Des Moines; United States Courts . Freedom of expression in the arts and entertainment; ACLU .

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Freedom of speech is the right to speak, write, and share ideas and opinions without facing punishment from the government. The First Amendment protects this right by prohibiting Congress from making laws that would curtail freedom of speech.

Even though freedom of speech is protected from infringement by the government, the government is still free to restrict speech in certain circumstances. Some of these circumstances include:

  • Obscenity and Indecency – In Alliance for Community Media v. FCC , the Supreme Court found that obscenity and child pornography have no right to protection from the First Amendment, and as such, the government has the ability to ban this media altogether. But when it comes to indecency, which is generally defined by the courts as something describing or depicting offensive sexual activity, the Supreme Court has found this speech protected. But the government can regulate this speech on radio and television, so long as it’s for a compelling reason and is done in the least restrictive manner. 
  • Defamation – Private and public figures are able to sue someone for statements they have made. Public figures must prove that the person made the statement with malice , which means knowing the statement was false or having a reckless disregard for the truth or falsity of the statement. (See  New York Times v. Sullivan ) . Private figures must prove the person failed to act with reasonable care when they made the statement. 
  • Incitement – If a person has the intention of inciting the violations of laws that is imminent and likely, while directing this incitement at a person or groups of persons, their speech will not be protected under the First Amendment. This test was created by the Supreme Court in Brandenburg v. Ohio . 
  • Fighting words  

While the public has a right to freedom of speech when it comes to the U.S. government, the public does not have this right when it comes to private entities. Companies and private employers are able to regulate speech on their platforms and within their workplace since the First Amendment only applies to the government. This right allowed Facebook, Instagram, and Twitter to ban President Donald Trump from their sites in 2021 without legal repercussion. Companies like Facebook and YouTube were also able to ban misleading information on Covid-19 during the 2020 pandemic.

The Supreme Court recently affirmed that private entities are not restricted by the First Amendment in the case Manhattan Community Access Corporation v. Halleck . Manhattan Neighborhood Network is a nonprofit that was given the authority by New York City to operate public access channels in Manhattan. The organization decided to suspend two of their employees after they received complaints about a film the employees produced. The employees argued that this was a violation of their First Amendment freedom of speech rights because they were being punished due to the content of their film. The Supreme Court held that Manhattan Neighborhood Network was not a government entity or a state actor , so the nonprofit couldn’t be subjected to the First Amendment.

In another case, Nyabwa v. Facebook , the Southern District of Texas also affirmed that private entities are not subject to the First Amendment. There, the plaintiff had a Facebook account, which spoke on President Donald Trump’s business conflicts of interest. Facebook decided to lock the account, so the plaintiff was no longer able to access it. The plaintiff decided to sue Facebook because he believed the company was violating his First Amendment rights. The court dismissed the lawsuit stating that the First Amendment prevents Congress and other government entities from restricting freedom of speech, not private entities. 

[Last updated in June of 2021 by the Wex Definitions Team ] 

Free Speech

Protecting free speech means protecting a free press, the democratic process, diversity of thought, and so much more. The ACLU has worked since 1920 to ensure that freedom of speech is protected for everyone.

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“Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.”

—U.S. Supreme Court Justice Benjamin N. Cardozo in Palko v. Connecticut

Freedom of speech, the press, association, assembly, and petition: This set of guarantees, protected by the First Amendment, comprises what we refer to as freedom of expression. It is the foundation of a vibrant democracy, and without it, other fundamental rights, like the right to vote, would wither away.

The fight for freedom of speech has been a bedrock of the ACLU’s mission since the organization was founded in 1920, driven by the need to protect the constitutional rights of conscientious objectors and anti-war protesters. The organization’s work quickly spread to combating censorship, securing the right to assembly, and promoting free speech in schools.

Almost a century later, these battles have taken on new forms, but they persist. The ACLU’s Speech, Privacy, and Technology Project continues to champion freedom of expression in its myriad forms — whether through protest, media, online speech, or the arts — in the face of new threats. For example, new avenues for censorship have arisen alongside the wealth of opportunities for speech afforded by the Internet. The threat of mass government surveillance chills the free expression of ordinary citizens, legislators routinely attempt to place new restrictions on online activity, and journalism is criminalized in the name of national security. The ACLU is always on guard to ensure that the First Amendment’s protections remain robust — in times of war or peace, for bloggers or the institutional press, online or off.

Over the years, the ACLU has represented or defended individuals engaged in some truly offensive speech. We have defended the speech rights of communists, Nazis, Ku Klux Klan members, accused terrorists, pornographers, anti-LGBT activists, and flag burners. That’s because the defense of freedom of speech is most necessary when the message is one most people find repulsive. Constitutional rights must apply to even the most unpopular groups if they’re going to be preserved for everyone.

Some examples of our free speech work from recent years include:

  • In 2019, we filed a petition of certiorari on behalf of DeRay Mckesson, a prominent civil rights activist and Black Lives Matter movement organizer, urging the Supreme Court to overturn a lower court ruling that, if left standing, would dismantle civil rights era speech protections safeguarding the First Amendment right to protest.
  • In 2019, we successfully challenged a spate of state anti-protest laws aimed at Indigenous and climate activists opposing pipeline construction.
  • We’ve called on big social media companies to resist calls for censorship.
  • We’re representing five former intelligence agency employees and military personnel in a lawsuit challenging the government’s pre-publication review system, which prohibits millions of former intelligence agency employees and military personnel from writing or speaking about topics related to their government service without first obtaining government approval.
  • In 2018, we filed a friend-of-the-court brief arguing that the NRA’s lawsuit alleging that the state of New York violated its First Amendment rights should be allowed to proceed.
  • In 2016, the we defended the First Amendment rights of environmental and racial justice activists in Uniontown, Alabama, who were sued for defamation after they organized against the town’s hazardous coal ash landfill.
  • In 2014, the ACLU of Michigan filed an amicus brief arguing that the police violated the First Amendment by ejecting an anti-Muslim group called Bible Believers from a street festival based on others’ violent reactions to their speech.

Today, years of hard-fought civil liberty protections are under threat.

To influence lawmakers, we need everyone to get involved. Here is 1 action you can take today:

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Learn how the U.S. Supreme Court upholds freedom of speech and religion and the right to due process

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freedom of speech , right, as stated in the 1st and 14th Amendments to the Constitution of the United States , to express information, ideas, and opinions free of government restrictions based on content. A modern legal test of the legitimacy of proposed restrictions on freedom of speech was stated in the opinion by Oliver Wendell Holmes, Jr. in Schenk v. U.S. (1919): a restriction is legitimate only if the speech in question poses a “clear and present danger”—i.e., a risk or threat to safety or to other public interests that is serious and imminent . Many cases involving freedom of speech and of the press also have concerned defamation , obscenity , and prior restraint ( see Pentagon Papers ). See also censorship .

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What Does Free Speech Mean?

Among other cherished values, the First Amendment protects freedom of speech. The U.S. Supreme Court often has struggled to determine what exactly constitutes protected speech. The following are examples of speech, both direct (words) and symbolic (actions), that the Court has decided are either entitled to First Amendment protections, or not.

The First Amendment states, in relevant part, that:

“Congress shall make no law...abridging freedom of speech.”

Freedom of speech includes the right:

  • Not to speak (specifically, the right not to salute the flag). West Virginia Board of Education v. Barnette , 319 U.S. 624 (1943).
  • Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”). Tinker v. Des Moines , 393 U.S. 503 (1969).
  • To use certain offensive words and phrases to convey political messages. Cohen v. California , 403 U.S. 15 (1971).
  • To contribute money (under certain circumstances) to political campaigns. Buckley v. Valeo , 424 U.S. 1 (1976).
  • To advertise commercial products and professional services (with some restrictions). Virginia Board of Pharmacy v. Virginia Consumer Council , 425 U.S. 748 (1976);  Bates v. State Bar of Arizona , 433 U.S. 350 (1977).
  • To engage in symbolic speech, (e.g., burning the flag in protest). Texas v. Johnson , 491 U.S. 397 (1989);  United States v. Eichman , 496 U.S. 310 (1990).

Freedom of speech does not include the right:

  • To incite imminent lawless action. Brandenburg v. Ohio , 395 U.S. 444 (1969).
  • To make or distribute obscene materials. Roth v. United States , 354 U.S. 476 (1957).
  • To burn draft cards as an anti-war protest. United States v. O’Brien , 391 U.S. 367 (1968).
  • To permit students to print articles in a school newspaper over the objections of the school administration.  Hazelwood School District v. Kuhlmeier , 484 U.S. 260 (1988).
  • Of students to make an obscene speech at a school-sponsored event. Bethel School District #43 v. Fraser , 478 U.S. 675 (1986).
  • Of students to advocate illegal drug use at a school-sponsored event. Morse v. Frederick, __ U.S. __ (2007).

Disclaimer: These resources are created by the Administrative Office of the U.S. Courts for use in educational activities only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on legislation. 

DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation.

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Freedom of Speech

[ Editor’s Note: The following new entry by Jeffrey W. Howard replaces the former entry on this topic by the previous author. ]

Human beings have significant interests in communicating what they think to others, and in listening to what others have to say. These interests make it difficult to justify coercive restrictions on people’s communications, plausibly grounding a moral right to speak (and listen) to others that is properly protected by law. That there ought to be such legal protections for speech is uncontroversial among political and legal philosophers. But disagreement arises when we turn to the details. What are the interests or values that justify this presumption against restricting speech? And what, if anything, counts as an adequate justification for overcoming the presumption? This entry is chiefly concerned with exploring the philosophical literature on these questions.

The entry begins by distinguishing different ideas to which the term “freedom of speech” can refer. It then reviews the variety of concerns taken to justify freedom of speech. Next, the entry considers the proper limits of freedom of speech, cataloging different views on when and why restrictions on communication can be morally justified, and what considerations are relevant when evaluating restrictions. Finally, it considers the role of speech intermediaries in a philosophical analysis of freedom of speech, with special attention to internet platforms.

1. What is Freedom of Speech?

2.1 listener theories, 2.2 speaker theories, 2.3 democracy theories, 2.4 thinker theories, 2.5 toleration theories, 2.6 instrumental theories: political abuse and slippery slopes, 2.7 free speech skepticism, 3.1 absoluteness, coverage, and protection, 3.2 the limits of free speech: external constraints, 3.3 the limits of free speech: internal constraints, 3.4 proportionality: chilling effects and political abuse, 3.5 necessity: the counter-speech alternative, 4. the future of free speech theory: platform ethics, other internet resources, related entries.

In the philosophical literature, the terms “freedom of speech”, “free speech”, “freedom of expression”, and “freedom of communication” are mostly used equivalently. This entry will follow that convention, notwithstanding the fact that these formulations evoke subtly different phenomena. For example, it is widely understood that artistic expressions, such as dancing and painting, fall within the ambit of this freedom, even though they don’t straightforwardly seem to qualify as speech , which intuitively connotes some kind of linguistic utterance (see Tushnet, Chen, & Blocher 2017 for discussion). Still, they plainly qualify as communicative activity, conveying some kind of message, however vague or open to interpretation it may be.

Yet the extension of “free speech” is not fruitfully specified through conceptual analysis alone. The quest to distinguish speech from conduct, for the purpose of excluding the latter from protection, is notoriously thorny (Fish 1994: 106), despite some notable attempts (such as Greenawalt 1989: 58ff). As John Hart Ely writes concerning Vietnam War protesters who incinerated their draft cards, such activity is “100% action and 100% expression” (1975: 1495). It is only once we understand why we should care about free speech in the first place—the values it instantiates or serves—that we can evaluate whether a law banning the burning of draft cards (or whatever else) violates free speech. It is the task of a normative conception of free speech to offer an account of the values at stake, which in turn can illuminate the kinds of activities wherein those values are realized, and the kinds of restrictions that manifest hostility to those values. For example, if free speech is justified by the value of respecting citizens’ prerogative to hear many points of view and to make up their own minds, then banning the burning of draft cards to limit the views to which citizens will be exposed is manifestly incompatible with that purpose. If, in contrast, such activity is banned as part of a generally applied ordinance restricting fires in public, it would likely raise no free-speech concerns. (For a recent analysis of this issue, see Kramer 2021: 25ff).

Accordingly, the next section discusses different conceptions of free speech that arise in the philosophical literature, each oriented to some underlying moral or political value. Before turning to the discussion of those conceptions, some further preliminary distinctions will be useful.

First, we can distinguish between the morality of free speech and the law of free speech. In political philosophy, one standard approach is to theorize free speech as a requirement of morality, tracing the implications of such a theory for law and policy. Note that while this is the order of justification, it need not be the order of investigation; it is perfectly sensible to begin by studying an existing legal protection for speech (such as the First Amendment in the U.S.) and then asking what could justify such a protection (or something like it).

But of course morality and law can diverge. The most obvious way they can diverge is when the law is unjust. Existing legal protections for speech, embodied in the positive law of particular jurisdictions, may be misguided in various ways. In other words, a justified legal right to free speech, and the actual legal right to free speech in the positive law of a particular jurisdiction, can come apart. In some cases, positive legal rights might protect too little speech. For example, some jurisdictions’ speech laws make exceptions for blasphemy, such that criminalizing blasphemy does not breach the legal right to free speech within that legal system. But clearly one could argue that a justified legal right to free speech would not include any such exception. In other cases, positive legal rights might perhaps protect too much speech. Consider the fact that, as a matter of U.S. constitutional precedent, the First Amendment broadly protects speech that expresses or incites racial or religious hatred. Plainly we could agree that this is so as a matter of positive law while disagreeing about whether it ought to be so. (This is most straightforwardly true if we are legal positivists. These distinctions are muddied by moralistic theories of constitutional interpretation, which enjoin us to interpret positive legal rights in a constitutional text partly through the prism of our favorite normative political theory; see Dworkin 1996.)

Second, we can distinguish rights-based theories of free speech from non-rights-based theories. For many liberals, the legal right to free speech is justified by appealing to an underlying moral right to free speech, understood as a natural right held by all persons. (Some use the term human right equivalently—e.g., Alexander 2005—though the appropriate usage of that term is contested.) The operative notion of a moral right here is that of a claim-right (to invoke the influential analysis of Hohfeld 1917); it thereby correlates to moral duties held by others (paradigmatically, the state) to respect or protect the right. Such a right is natural in that it exerts normative force independently of whether anyone thinks it does, and regardless of whether it is codified into the law. A tyrannical state that imprisons dissidents acts unjustly, violating moral rights, even if there is no legal right to freedom of expression in its legal system.

For others, the underlying moral justification for free speech law need not come in the form of a natural moral right. For example, consequentialists might favor a legal right to free speech (on, e.g., welfare-maximizing grounds) without thinking that it tracks any underlying natural right. Or consider democratic theorists who have defended legal protections for free speech as central to democracy. Such theorists may think there is an underlying natural moral right to free speech, but they need not (especially if they hold an instrumental justification for democracy). Or consider deontologists who have argued that free speech functions as a kind of side-constraint on legitimate state action, requiring that the state always justify its decisions in a manner that respects citizens’ autonomy (Scanlon 1972). This theory does not cast free speech as a right, but rather as a principle that forbids the creation of laws that restrict speech on certain grounds. In the Hohfeldian analysis (Hohfeld 1917), such a principle may be understood as an immunity rather than a claim-right (Scanlon 2013: 402). Finally, some “minimalists” (to use a designation in Cohen 1993) favor legal protection for speech principally in response to government malice, corruption, and incompetence (see Schauer 1982; Epstein 1992; Leiter 2016). Such theorists need not recognize any fundamental moral right, either.

Third, among those who do ground free speech in a natural moral right, there is scope for disagreement about how tightly the law should mirror that right (as with any right; see Buchanan 2013). It is an open question what the precise legal codification of the moral right to free speech should involve. A justified legal right to freedom of speech may not mirror the precise contours of the natural moral right to freedom of speech. A raft of instrumental concerns enters the downstream analysis of what any justified legal right should look like; hence a defensible legal right to free speech may protect more speech (or indeed less speech) than the underlying moral right that justifies it. For example, even if the moral right to free speech does not protect so-called hate speech, such speech may still merit legal protection in the final analysis (say, because it would be too risky to entrust states with the power to limit those communications).

2. Justifying Free Speech

I will now examine several of the morally significant considerations taken to justify freedom of expression. Note that while many theorists have built whole conceptions of free speech out of a single interest or value alone, pluralism in this domain remains an option. It may well be that a plurality of interests serves to justify freedom of expression, properly understood (see, influentially, Emerson 1970 and Cohen 1993).

Suppose a state bans certain books on the grounds that it does not want us to hear the messages or arguments contained within them. Such censorship seems to involve some kind of insult or disrespect to citizens—treating us like children instead of adults who have a right to make up our own minds. This insight is fundamental in the free speech tradition. On this view, the state wrongs citizens by arrogating to itself the authority to decide what messages they ought to hear. That is so even if the state thinks that the speech will cause harm. As one author puts it,

the government may not suppress speech on the ground that the speech is likely to persuade people to do something that the government considers harmful. (Strauss 1991: 335)

Why are restrictions on persuasive speech objectionable? For some scholars, the relevant wrong here is a form of disrespect for citizens’ basic capacities (Dworkin 1996: 200; Nagel 2002: 44). For others, the wrong here inheres in a violation of the kind of relationship the state should have with its people: namely, that it should always act from a view of them as autonomous, and so entitled to make up their own minds (Scanlon 1972). It would simply be incompatible with a view of ourselves as autonomous—as authors of our own lives and choices—to grant the state the authority to pre-screen which opinions, arguments, and perspectives we should be allowed to think through, allowing us access only to those of which it approves.

This position is especially well-suited to justify some central doctrines of First Amendment jurisprudence. First, it justifies the claim that freedom of expression especially implicates the purposes with which the state acts. There are all sorts of legitimate reasons why the state might restrict speech (so-called “time, place, and manner” restrictions)—for example, noise curfews in residential neighborhoods, which do not raise serious free speech concerns. Yet when the state restricts speech with the purpose of manipulating the communicative environment and controlling the views to which citizens are exposed, free speech is directly affronted (Rubenfeld 2001; Alexander 2005; Kramer 2021). To be sure, purposes are not all that matter for free speech theory. For example, the chilling effects of otherwise justified speech regulations (discussed below) are seldom intended. But they undoubtedly matter.

Second, this view justifies the related doctrines of content neutrality and viewpoint neutrality (see G. Stone 1983 and 1987) . Content neutrality is violated when the state bans discussion of certain topics (“no discussion of abortion”), whereas viewpoint neutrality is violated when the state bans advocacy of certain views (“no pro-choice views may be expressed”). Both affront free speech, though viewpoint-discrimination is especially egregious and so even harder to justify. While listener autonomy theories are not the only theories that can ground these commitments, they are in a strong position to account for their plausibility. Note that while these doctrines are central to the American approach to free speech, they are less central to other states’ jurisprudence (see A. Stone 2017).

Third, this approach helps us see that free speech is potentially implicated whenever the state seeks to control our thoughts and the processes through which we form beliefs. Consider an attempt to ban Marx’s Capital . As Marx is deceased, he is probably not wronged through such censorship. But even if one held idiosyncratic views about posthumous rights, such that Marx were wronged, it would be curious to think this was the central objection to such censorship. Those with the gravest complaint would be the living adults who have the prerogative to read the book and make up their own minds about it. Indeed free speech may even be implicated if the state banned watching sunsets or playing video games on the grounds that is disapproved of the thoughts to which such experiences might give rise (Alexander 2005: 8–9; Kramer 2021: 22).

These arguments emphasize the noninstrumental imperative of respecting listener autonomy. But there is an instrumental version of the view. Our autonomy interests are not merely respected by free speech; they are promoted by an environment in which we learn what others have to say. Our interests in access to information is served by exposure to a wide range of viewpoints about both empirical and normative issues (Cohen 1993: 229), which help us reflect on what goals to choose and how best to pursue them. These informational interests are monumental. As Raz suggests, if we had to choose whether to express our own views on some question, or listen to the rest of humanity’s views on that question, we would choose the latter; it is our interest as listeners in the public good of a vibrant public discourse that, he thinks, centrally justifies free speech (1991).

Such an interest in acquiring justified beliefs, or in accessing truth, can be defended as part of a fully consequentialist political philosophy. J.S. Mill famously defends free speech instrumentally, appealing to its epistemic benefits in On Liberty . Mill believes that, given our fallibility, we should routinely keep an open mind as to whether a seemingly false view may actually be true, or at least contain some valuable grain of truth. And even where a proposition is manifestly false, there is value in allowing its expression so that we can better apprehend why we take it to be false (1859: chapter 2), enabled through discursive conflict (cf. Simpson 2021). Mill’s argument focuses especially on the benefits to audiences:

It is is not on the impassioned partisan, it is on the calmer and more disinterested bystander, that this collision of opinions works its salutary effect. (1859: chapter 2, p. 94)

These views are sometimes associated with the idea of a “marketplace of ideas”, whereby the open clash of views inevitably leads to the correct ones winning out in debate. Few in the contemporary literature holds such a strong teleological thesis about the consequences of unrestricted debate (e.g., see Brietzke 1997; cf. Volokh 2011). Much evidence from behavioral economics and social psychology, as well as insights about epistemic injustice from feminist epistemology, strongly suggest that human beings’ rational powers are seriously limited. Smug confidence in the marketplace of ideas belies this. Yet it is doubtful that Mill held such a strong teleological thesis (Gordon 1997). Mill’s point was not that unrestricted discussion necessarily leads people to acquire the truth. Rather, it is simply the best mechanism available for ascertaining the truth, relative to alternatives in which some arbiter declares what he sees as true and suppresses what he sees as false (see also Leiter 2016).

Note that Mill’s views on free speech in chapter 2 in On Liberty are not simply the application of the general liberty principle defended in chapter 1 of that work; his view is not that speech is anodyne and therefore seldom runs afoul of the harm principle. The reason a separate argument is necessary in chapter 2 is precisely that he is carving out a partial qualification of the harm principle for speech (on this issue see Jacobson 2000, Schauer 2011b, and Turner 2014). On Mill’s view, plenty of harmful speech should still be allowed. Imminently dangerous speech, where there is no time for discussion before harm eventuates, may be restricted; but where there is time for discussion, it must be allowed. Hence Mill’s famous example that vociferous criticism of corn dealers as

starvers of the poor…ought to be unmolested when simply circulated through the press, but may justly incur punishment when delivered orally to an excited mob assembled before the house of a corn dealer. (1859: chapter 3, p. 100)

The point is not that such speech is harmless; it’s that the instrumental benefits of permitting its expressions—and exposing its falsehood through public argument—justify the (remaining) costs.

Many authors have unsurprisingly argued that free speech is justified by our interests as speakers . This family of arguments emphasizes the role of speech in the development and exercise of our personal autonomy—our capacity to be the reflective authors of our own lives (Baker 1989; Redish 1982; Rawls 2005). Here an emphasis on freedom of expression is apt; we have an “expressive interest” (Cohen 1993: 224) in declaring our views—about the good life, about justice, about our identity, and about other aspects of the truth as we see it.

Our interests in self-expression may not always depend on the availability of a willing audience; we may have interests simply in shouting from the rooftops to declare who we are and what we believe, regardless of who else hears us. Hence communications to oneself—for example, in a diary or journal—are plausibly protected from interference (Redish 1992: 30–1; Shiffrin 2014: 83, 93; Kramer 2021: 23).

Yet we also have distinctive interests in sharing what we think with others. Part of how we develop our conceptions of the good life, forming judgments about how to live, is precisely through talking through the matter with others. This “deliberative interest” in directly served through opportunities to tell others what we think, so that we can learn from their feedback (Cohen 1993). Such encounters also offer opportunities to persuade others to adopt our views, and indeed to learn through such discussions who else already shares our views (Raz 1991).

Speech also seems like a central way in which we develop our capacities. This, too, is central to J.S. Mill’s defense of free speech, enabling people to explore different perspectives and points of view (1859). Hence it seems that when children engage in speech, to figure out what they think and to use their imagination to try out different ways of being in the world, they are directly engaging this interest. That explains the intuition that children, and not just adults, merit at least some protection under a principle of freedom of speech.

Note that while it is common to refer to speaker autonomy , we could simply refer to speakers’ capacities. Some political liberals hold that an emphasis on autonomy is objectionably Kantian or otherwise perfectionist, valorizing autonomy as a comprehensive moral ideal in a manner that is inappropriate for a liberal state (Cohen 1993: 229; Quong 2011). For such theorists, an undue emphasis on autonomy is incompatible with ideals of liberal neutrality toward different comprehensive conceptions of the good life (though cf. Shiffrin 2014: 81).

If free speech is justified by the importance of our interests in expressing ourselves, this justifies negative duties to refrain from interfering with speakers without adequate justification. Just as with listener theories, a strong presumption against content-based restrictions, and especially against viewpoint discrimination, is a clear requirement of the view. For the state to restrict citizens’ speech on the grounds that it disfavors what they have to say would affront the equal freedom of citizens. Imagine the state were to disallow the expression of Muslim or Jewish views, but allow the expression of Christian views. This would plainly transgress the right to freedom of expression, by valuing certain speakers’ interests in expressing themselves over others.

Many arguments for the right to free speech center on its special significance for democracy (Cohen 1993; Heinze 2016: Heyman 2009; Sunstein 1993; Weinstein 2011; Post 1991, 2009, 2011). It is possible to defend free speech on the noninstrumental ground that it is necessary to respect agents as democratic citizens. To restrict citizens’ speech is to disrespect their status as free and equal moral agents, who have a moral right to debate and decide the law for themselves (Rawls 2005).

Alternatively (or additionally), one can defend free speech on the instrumental ground that free speech promotes democracy, or whatever values democracy is meant to serve. So, for example, suppose the purpose of democracy is the republican one of establishing a state of non-domination between relationally egalitarian citizens; free speech can be defended as promoting that relation (Whitten 2022; Bonotti & Seglow 2022). Or suppose that democracy is valuable because of its role in promoting just outcomes (Arneson 2009) or tending to track those outcomes in a manner than is publicly justifiable (Estlund 2008) or is otherwise epistemically valuable (Landemore 2013).

Perhaps free speech doesn’t merely respect or promote democracy; another framing is that it is constitutive of it (Meiklejohn 1948, 1960; Heinze 2016). As Rawls says: “to restrict or suppress free political speech…always implies at least a partial suspension of democracy” (2005: 254). On this view, to be committed to democracy just is , in part, to be committed to free speech. Deliberative democrats famously contend that voting merely punctuates a larger process defined by a commitment to open deliberation among free and equal citizens (Gutmann & Thompson 2008). Such an unrestricted discussion is marked not by considerations of instrumental rationality and market forces, but rather, as Habermas puts it, “the unforced force of the better argument” (1992 [1996: 37]). One crucial way in which free speech might be constitutive of democracy is if it serves as a legitimation condition . On this view, without a process of open public discourse, the outcomes of the democratic decision-making process lack legitimacy (Dworkin 2009, Brettschneider 2012: 75–78, Cohen 1997, and Heinze 2016).

Those who justify free speech on democratic grounds may view this as a special application of a more general insight. For example, Scanlon’s listener theory (discussed above) contends that the state must always respect its citizens as capable of making up their own minds (1972)—a position with clear democratic implications. Likewise, Baker is adamant that both free speech and democracy are justified by the same underlying value of autonomy (2009). And while Rawls sees the democratic role of free speech as worthy of emphasis, he is clear that free speech is one of several basic liberties that enable the development and exercise of our moral powers: our capacities for a sense of justice and for the rational pursuit a lifeplan (2005). In this way, many theorists see the continuity between free speech and our broader interests as moral agents as a virtue, not a drawback (e.g., Kendrick 2017).

Even so, some democracy theorists hold that democracy has a special role in a theory of free speech, such that political speech in particular merits special protection (for an overview, see Barendt 2005: 154ff). One consequence of such views is that contributions to public discourse on political questions merit greater protection under the law (Sunstein 1993; cf. Cohen 1993: 227; Alexander 2005: 137–8). For some scholars, this may reflect instrumental anxieties about the special danger that the state will restrict the political speech of opponents and dissenters. But for others, an emphasis on political speech seems to reflect a normative claim that such speech is genuinely of greater significance, meriting greater protection, than other kinds of speech.

While conventional in the free speech literature, it is artificial to separate out our interests as speakers, listeners, and democratic citizens. Communication, and the thinking that feeds into it and that it enables, invariably engages our interests and activities across all these capacities. This insight is central to Seana Shiffrin’s groundbreaking thinker-based theory of freedom of speech, which seeks to unify the range of considerations that have informed the traditional theories (2014). Like other theories (e.g., Scanlon 1978, Cohen 1993), Shiffrin’s theory is pluralist in the range of interests it appeals to. But it offers a unifying framework that explains why this range of interests merits protection together.

On Shiffrin’s view, freedom of speech is best understood as encompassing both freedom of communication and freedom of thought, which while logically distinct are mutually reinforcing and interdependent (Shiffrin 2014: 79). Shiffrin’s account involves several profound claims about the relation between communication and thought. A central contention is that “free speech is essential to the development, functioning, and operation of thinkers” (2014: 91). This is, in part, because we must often externalize our ideas to articulate them precisely and hold them at a distance where we can evaluate them (p. 89). It is also because we work out what we think largely by talking it through with others. Such communicative processes may be monological, but they are typically dialogical; speaker and listener interests are thereby mutually engaged in an ongoing manner that cannot be neatly disentangled, as ideas are ping-ponged back and forth. Moreover, such discussions may concern democratic politics—engaging our interests as democratic citizens—but of course they need not. Aesthetics, music, local sports, the existence of God—these all are encompassed (2014: 92–93). Pace prevailing democratic theories,

One’s thoughts about political affairs are intrinsically and ex ante no more and no less central to the human self than thoughts about one’s mortality or one’s friends. (Shiffrin 2014: 93)

The other central aspect of Shiffrin’s view appeals to the necessity of communication for successfully exercising our moral agency. Sincere communication enables us

to share needs, emotions, intentions, convictions, ambitions, desires, fantasies, disappointments, and judgments. Thereby, we are enabled to form and execute complex cooperative plans, to understand one another, to appreciate and negotiate around our differences. (2014: 1)

Without clear and precise communication of the sort that only speech can provide, we cannot cooperate to discharge our collective obligations. Nor can we exercise our normative powers (such as consenting, waiving, or promising). Our moral agency thus depends upon protected channels through which we can relay our sincere thoughts to one another. The central role of free speech is to protect those channels, by ensuring agents are free to share what they are thinking without fear of sanction.

The thinker-based view has wide-ranging normative implications. For example, by emphasizing the continuity of speech and thought (a connection also noted in Macklem 2006 and Gilmore 2011), Shiffrin’s view powerfully explains the First Amendment doctrine that compelled speech also constitutes a violation of freedom of expression. Traditional listener- and speaker-focused theories seemingly cannot explain what is fundamentally objectionable with forcing someone to declare a commitment to something, as with children compelled to pledge allegiance to the American flag ( West Virginia State Board of Education v. Barnette 1943). “What seems most troubling about the compelled pledge”, Shiffrin writes,

is that the motive behind the regulation, and its possible effect, is to interfere with the autonomous thought processes of the compelled speaker. (2014: 94)

Further, Shiffrin’s view explains why a concern for free speech does not merely correlate to negative duties not to interfere with expression; it also supports positive responsibilities on the part of the state to educate citizens, encouraging and supporting their development and exercise as thinking beings (2014: 107).

Consider briefly one final family of free speech theories, which appeal to the role of toleration or self-restraint. On one argument, freedom of speech is important because it develops our character as liberal citizens, helping us tame our illiberal impulses. The underlying idea of Lee Bollinger’s view is that liberalism is difficult; we recurrently face temptation to punish those who hold contrary views. Freedom of speech helps us to practice the general ethos of toleration in a manner than fortifies our liberal convictions (1986). Deeply offensive speech, like pro-Nazi speech, is protected precisely because toleration in these enormously difficult cases promotes “a general social ethic” of toleration more generally (1986: 248), thereby restraining unjust exercises of state power overall. This consequentialist argument treats the protection of offensive speech not as a tricky borderline case, but as “integral to the central functions of the principle of free speech” (1986: 133). It is precisely because tolerating evil speech involves “extraordinary self-restraint” (1986: 10) that it works its salutary effects on society generally.

The idea of self-restraint arises, too, in Matthew Kramer’s recent defense of free speech. Like listener theories, Kramer’s strongly deontological theory condemns censorship aimed at protecting audiences from exposure to misguided views. At the core of his theory is the thesis that the state’s paramount moral responsibility is to furnish the social conditions that serve the development and maintenance of citizens’ self-respect and respect for others. The achievement of such an ethically resilient citizenry, on Kramer’s view, has the effect of neutering the harmfulness of countless harmful communications. “Securely in a position of ethical strength”, the state “can treat the wares of pornographers and the maunderings of bigots as execrable chirps that are to be endured with contempt” (Kramer 2021: 147). In contrast, in a society where the state has failed to do its duty of inculcating a robust liberal-egalitarian ethos, the communication of illiberal creeds may well pose a substantial threat. Yet for the state then to react by banning such speech is

overweening because with them the system’s officials take control of communications that should have been defused (through the system’s fulfillment of its moral obligations) without prohibitory or preventative impositions. (2021: 147)

(One might agree with Kramer that this is so, but diverge by arguing that the state—having failed in its initial duty—ought to take measures to prevent the harms that flow from that failure.)

These theories are striking in that they assume that a chief task of free speech theory is to explain why harmful speech ought to be protected. This is in contrast to those who think that the chief task of free speech theory is to explain our interests in communicating with others, treating the further issue of whether (wrongfully) harmful communications should be protected as an open question, with different reasonable answers available (Kendrick 2017). In this way, toleration theories—alongside a lot of philosophical work on free speech—seem designed to vindicate the demanding American legal position on free speech, one unshared by virtually all other liberal democracies.

One final family of arguments for free speech appeals to the danger of granting the state powers it may abuse. On this view, we protect free speech chiefly because if we didn’t, it would be far easier for the state to silence its political opponents and enact unjust policies. On this view, a state with censorial powers is likely to abuse them. As Richard Epstein notes, focusing on the American case,

the entire structure of federalism, divided government, and the system of checks and balances at the federal level shows that the theme of distrust has worked itself into the warp and woof of our constitutional structure.

“The protection of speech”, he writes, “…should be read in light of these political concerns” (Epstein 1992: 49).

This view is not merely a restatement of the democracy theory; it does not affirm free speech as an element of valuable self-governance. Nor does it reduce to the uncontroversial thought that citizens need freedom of speech to check the behavior of fallible government agents (Blasi 1977). One need not imagine human beings to be particularly sinister to insist (as democracy theorists do) that the decisions of those entrusted with great power be subject to public discussion and scrutiny. The argument under consideration here is more pessimistic about human nature. It is an argument about the slippery slope that we create even when enacting (otherwise justified) speech restrictions; we set an unacceptable precedent for future conduct by the state (see Schauer 1985). While this argument is theoretical, there is clearly historical evidence for it, as in the manifold cases in which bans on dangerous sedition were used to suppress legitimate war protest. (For a sweeping canonical study of the uses and abuses of speech regulations during wartime, with a focus on U.S. history, see G. Stone 2004.)

These instrumental concerns could potentially justify the legal protection for free speech. But they do not to attempt to justify why we should care about free speech as a positive moral ideal (Shiffrin 2014: 83n); they are, in Cohen’s helpful terminology, “minimalist” rather than “maximalist” (Cohen 1993: 210). Accordingly, they cannot explain why free speech is something that even the most trustworthy, morally competent administrations, with little risk of corruption or degeneration, ought to respect. Of course, minimalists will deny that accounting for speech’s positive value is a requirement of a theory of free speech, and that critiquing them for this omission begs the question.

Pluralists may see instrumental concerns as valuably supplementing or qualifying noninstrumental views. For example, instrumental concerns may play a role in justifying deviations between the moral right to free communication, on the one hand, and a properly specified legal right to free communication, on the other. Suppose that there is no moral right to engage in certain forms of harmful expression (such as hate speech), and that there is in fact a moral duty to refrain from such expression. Even so, it does not follow automatically that such a right ought to be legally enforced. Concerns about the dangers of granting the state such power plausibly militate against the enforcement of at least some of our communicative duties—at least in those jurisdictions that lack robust and competently administered liberal-democratic safeguards.

This entry has canvassed a range of views about what justifies freedom of expression, with particular attention to theories that conceive free speech as a natural moral right. Clearly, the proponents of such views believe that they succeed in this justificatory effort. But others dissent, doubting that the case for a bona fide moral right to free speech comes through. Let us briefly note the nature of this challenge from free speech skeptics , exploring a prominent line of reply.

The challenge from skeptics is generally understood as that of showing that free speech is a special right . As Leslie Kendrick notes,

the term “special right” generally requires that a special right be entirely distinct from other rights and activities and that it receive a very high degree of protection. (2017: 90)

(Note that this usage is not to be confused from the alternative usage of “special right”, referring to conditional rights arising out of particular relationships; see Hart 1955.)

Take each aspect in turn. First, to vindicate free speech as a special right, it must serve some distinctive value or interest (Schauer 2015). Suppose free speech were just an implication of a general principle not to interfere in people’s liberty without justification. As Joel Feinberg puts it, “Liberty should be the norm; coercion always needs some special justification” (1984: 9). In such a case, then while there still might be contingent, historical reasons to single speech out in law as worthy of protection (Alexander 2005: 186), such reasons would not track anything especially distinctive about speech as an underlying moral matter. Second, to count as a special right, free speech must be robust in what it protects, such that only a compelling justification can override it (Dworkin 2013: 131). This captures the conviction, prominent among American constitutional theorists, that “any robust free speech principle must protect at least some harmful speech despite the harm it may cause” (Schauer 2011b: 81; see also Schauer 1982).

If the task of justifying a moral right to free speech requires surmounting both hurdles, it is a tall order. Skeptics about a special right to free speech doubt that the order can be met, and so deny that a natural moral right to freedom of expression can be justified (Schauer 2015; Alexander & Horton 1983; Alexander 2005; Husak 1985). But these theorists may be demanding too much (Kendrick 2017). Start with the claim that free speech must be distinctive. We can accept that free speech be more than simply one implication of a general presumption of liberty. But need it be wholly distinctive? Consider the thesis that free speech is justified by our autonomy interests—interests that justify other rights such as freedom of religion and association. Is it a problem if free speech is justified by interests that are continuous with, or overlap with, interests that justify other rights? Pace the free speech skeptics, maybe not. So long as such claims deserve special recognition, and are worth distinguishing by name, this may be enough (Kendrick 2017: 101). Many of the views canvassed above share normative bases with other important rights. For example, Rawls is clear that he thinks all the basic liberties constitute

essential social conditions for the adequate development and full exercise of the two powers of moral personality over a complete life. (Rawls 2005: 293)

The debate, then, is whether such a shared basis is a theoretical virtue (or at least theoretically unproblematic) or whether it is a theoretical vice, as the skeptics avow.

As for the claim that free speech must be robust, protecting harmful speech, “it is not necessary for a free speech right to protect harmful speech in order for it to be called a free speech right” (Kendrick 2017: 102). We do not tend to think that religious liberty must protect harmful religious activities for it to count as a special right. So it would be strange to insist that the right to free speech must meet this burden to count as a special right. Most of the theorists mentioned above take themselves to be offering views that protect quite a lot of harmful speech. Yet we can question whether this feature is a necessary component of their views, or whether we could imagine variations without this result.

3. Justifying Speech Restrictions

When, and why, can restrictions on speech be justified? It is common in public debate on free speech to hear the provocative claim that free speech is absolute . But the plausibility of such a claim depends on what is exactly meant by it. If understood to mean that no communications between humans can ever be restricted, such a view is held by no one in the philosophical debate. When I threaten to kill you unless you hand me your money; when I offer to bribe the security guard to let me access the bank vault; when I disclose insider information that the company in which you’re heavily invested is about to go bust; when I defame you by falsely posting online that you’re a child abuser; when I endanger you by labeling a drug as safe despite its potentially fatal side-effects; when I reveal your whereabouts to assist a murderer intent on killing you—across all these cases, communications may be uncontroversially restricted. But there are different views as to why.

To help organize such views, consider a set of distinctions influentially defended by Schauer (from 1982 onward). The first category involves uncovered speech : speech that does not even presumptively fall within the scope of a principle of free expression. Many of the speech-acts just canvassed, such as the speech involved in making a threat or insider training, plausibly count as uncovered speech. As the U.S. Supreme Court has said of fighting words (e.g., insults calculated to provoke a street fight),

such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality. ( Chaplinsky v. New Hampshire 1942)

The general idea here is that some speech simply has negligible—and often no —value as free speech, in light of its utter disconnection from the values that justify free speech in the first place. (For discussion of so-called “low-value speech” in the U.S. context, see Sunstein 1989 and Lakier 2015.) Accordingly, when such low-value speech is harmful, it is particularly easy to justify its curtailment. Hence the Court’s view that “the prevention and punishment of [this speech] have never been thought to raise any Constitutional problem”. For legislation restricting such speech, the U.S. Supreme Court applies a “rational basis” test, which is very easy to meet, as it simply asks whether the law is rationally related to a legitimate state interest. (Note that it is widely held that it would still be impermissible to selectively ban low-value speech on a viewpoint-discriminatory basis—e.g., if a state only banned fighting words from left-wing activists while allowing them from right-wing activists.)

Schauer’s next category concerns speech that is covered but unprotected . This is speech that engages the values that underpin free speech; yet the countervailing harm of the speech justifies its restriction. In such cases, while there is real value in such expression as free speech, that value is outweighed by competing normative concerns (or even, as we will see below, on behalf of the very values that underpin free speech). In U.S. constitutional jurisprudence, this category encompasses those extremely rare cases in which restrictions on political speech pass the “strict scrutiny” test, whereby narrow restrictions on high-value speech can be justified due to the compelling state interests thereby served. Consider Holder v. Humanitarian Law Project 2010, in which the Court held that an NGO’s legal advice to a terrorist organization on how to pursue peaceful legal channels were legitimately criminalized under a counter-terrorism statute. While such speech had value as free speech (at least on one interpretation of this contested ruling), the imperative of counter-terrorism justified its restriction. (Arguably, commercial speech, while sometimes called low-value speech by scholars, falls into the covered but unprotected category. Under U.S. law, legislation restricting it receives “intermediate scrutiny” by courts—requiring restrictions to be narrowly drawn to advance a substantial government interest. Such a test suggests that commercial speech has bona fide free-speech value, making it harder to justify regulations on it than regulations on genuinely low-value speech like fighting words. It simply doesn’t have as much free-speech value as categories like political speech, religious speech, or press speech, all of which trigger the strict scrutiny test when restricted.)

As a philosophical matter, we can reasonably disagree about what speech qualifies as covered but unprotected (and need not treat the verdicts of the U.S. Supreme Court as philosophically decisive). For example, consider politically-inflected hate speech, which advances repugnant ideas about the inferior status of certain groups. One could concur that there is substantial free-speech value in such expression, just because it involves the sincere expression of views about central questions of politics and justice (however misguided the views doubtlessly are). Yet one could nevertheless hold that such speech should not be protected in virtue of the substantial harms to which it can lead. In such cases, the free-speech value is outweighed. Many scholars who defend the permissibility of legal restrictions on hate speech hold such a view (e.g., Parekh 2012; Waldron 2012). (More radically, one could hold that such speech’s value is corrupted by its evil, such that it qualifies as genuinely low-value; Howard 2019a.)

The final category of speech encompasses expression that is covered and protected . To declare that speech is protected just is to conclude that it is immune from restriction. A preponderance of human communications fall into this category. This does not mean that such speech can never be regulated ; content-neutral time, place, and manner regulations (e.g., prohibiting loud nighttime protests) can certainly be justified (G. Stone 1987). But such regulations must not be viewpoint discriminatory; they must apply even-handedly across all forms of protected speech.

Schauer’s taxonomy offers a useful organizing framework for how we should think about different forms of speech. Where does it leave the claim that free speech is absolute? The possibility of speech that is covered but unprotected suggests that free speech should sometimes be restricted on account of rival normative concerns. Of course, one could contend that such a category, while logically possible, is substantively an empty set; such a position would involve some kind of absoluteness about free speech (holding that where free-speech values are engaged by expression, no countervailing values can ever be weighty enough to override them). Such a position would be absolutist in a certain sense while granting the permissibility of restrictions on speech that do not engage the free-speech values. (For a recent critique of Schauer’s framework, arguing that governmental designation of some speech as low-value is incompatible with the very ideal of free speech, see Kramer 2021: 31.)

In what follows, this entry will focus on Schauer’s second category: speech that is covered by a free speech principle, but is nevertheless unprotected because of the harms it causes. How do we determine what speech falls into this category? How, in other words, do we determine the limits of free speech? Unsurprisingly, this is where most of the controversy lies.

Most legal systems that protect free speech recognize that the right has limits. Consider, for example, international human rights law, which emphatically protects the freedom of speech as a fundamental human right while also affirming specific restrictions on certain seriously harmful speech. Article 19 of the International Covenant of Civil and Political Rights declares that “[e]veryone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds”—but then immediately notes that this right “carries with it special duties and responsibilities”. The subsequent ICCPR article proceeds to endorse legal restrictions on “advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”, as well as speech constituting “propaganda for war” (ICCPR). While such restrictions would plainly be struck down as unconstitutional affronts to free speech in the U.S., this more restrictive approach prevails in most liberal democracies’ treatment of harmful speech.

Set aside the legal issue for now. How should we think about how to determine the limits of the moral right free speech? Those seeking to justify limits on speech tend to appeal to one of two strategies (Howard and Simpson forthcoming). The first strategy appeals to the importance of balancing free speech against other moral values when they come into conflict. This strategy involves external limits on free speech. (The next strategy, discussed below, invokes free speech itself, or the values that justify it, as limit-setting rationales; it thus involves internal limits on free speech.)

A balancing approach recognizes a moral conflict between unfettered communication and external values. Consider again the case of hate speech, understood as expression that attacks members of socially vulnerable groups as inferior or dangerous. On all of the theories canvassed above, there are grounds for thinking that restrictions on hate speech are prima facie in violation of the moral right to free speech. Banning hate speech to prevent people from hearing ideas that might incline them to bigotry plainly seems to disrespect listener autonomy. Further, even when speakers are expressing prejudiced views, they are still engaging their autonomous faculties. Certainly, they are expressing views on questions of public political concern, even false ones. And as thinkers they are engaged in the communication of sincere testimony to others. On many of the leading theories, the values underpinning free speech seem to be militate against bans on hate speech.

Even so, other values matter. Consider, for example, the value of upholding the equal dignity of all citizens. A central insight of critical race theory is that public expressions of white supremacy, for example, attack and undermine that equal dignity (Matsuda, Lawrence, Delgado, & Crenshaw 1993). On Jeremy Waldron’s view (2012), hate speech is best understood as a form of group defamation, launching spurious attacks on others’ reputations and thereby undermining their standing as respected equals in their own community (relatedly, see Beauharnais v. Illinois 1952).

Countries that ban hate speech, accordingly, are plausibly understood not as opposed to free speech, but as recognizing the importance that it be balanced when conflicting with other values. Such balancing can be understood in different ways. In European human rights law, for example, the relevant idea is that the right to free speech is balanced against other rights ; the relevant task, accordingly, is to specify what counts as a proportionate balance between these rights (see Alexy 2003; J. Greene 2021).

For others, the very idea of balancing rights undermines their deontic character. This alternative framing holds that the balancing occurs before we specify what rights are; on this view, we balance interests against each other, and only once we’ve undertaken that balancing do we proceed to define what our rights protect. As Scanlon puts it,

The only balancing is balancing of interests. Rights are not balanced, but are defined, or redefined, in the light of the balance of interests and of empirical facts about how these interests can best be protected. (2008: 78)

This balancing need not come in the form of some crude consequentialism; otherwise it would be acceptable to limit the rights of the few to secure trivial benefits for the many. On a contractualist moral theory such as Scanlon’s, the test is to assess the strength of any given individual’s reason to engage in (or access) the speech, against the strength of any given individual’s reason to oppose it.

Note that those who engage in balancing need not give up on the idea of viewpoint neutrality; they can accept that, as a general principle, the state should not restrict speech on the grounds that it disapproves of its message and dislikes that others will hear it. The point, instead, is that this commitment is defeasible; it is possible to be overridden.

One final comment is apt. Those who are keen to balance free speech against other values tend to be motivated by the concern that speech can cause harm, either directly or indirectly (on this distinction, see Schauer 1993). But to justify restrictions on speech, it is not sufficient (and perhaps not even necessary) to show that such speech imposes or risks imposing harm. The crucial point is that the speech is wrongful (or, perhaps, wrongfully harmful or risky) , breaching a moral duty that speakers owe to others. Yet very few in the free speech literature think that the mere offensiveness of speech is sufficient to justify restrictions on it. Even Joel Feinberg, who thinks offensiveness can sometimes be grounds for restricting conduct, makes a sweeping exception for

[e]xpressions of opinion, especially about matters of public policy, but also about matters of empirical fact, and about historical, scientific, theological, philosophical, political, and moral questions. (1985: 44)

And in many cases, offensive speech may be actively salutary, as when racists are offended by defenses of racial equality (Waldron 1987). Accordingly, despite how large it looms in public debate, discussion of offensive speech will not play a major role in the discussion here.

We saw that one way to justify limits on free speech is to balance it against other values. On that approach, free speech is externally constrained. A second approach, in contrast, is internally constrained. On this approach, the very values that justify free speech themselves determine its own limits. This is a revisionist approach to free speech since, unlike orthodox thinking, it contends that a commitment to free speech values can counterintuitively support the restriction of speech—a surprising inversion of traditional thinking on the topic (see Howard and Simpson forthcoming). This move—justifying restrictions on speech by appealing to the values that underpin free speech—is now prevalent in the philosophical literature (for an overview, see Barendt 2005: 1ff).

Consider, for example, the claim that free speech is justified by concerns of listener autonomy. On such a view, as we saw above, autonomous citizens have interests in exposure to a wide range of viewpoints, so that they can decide for themselves what to believe. But many have pointed out that this is not autonomous citizens’ only interest; they also have interests in not getting murdered by those incited by incendiary speakers (Amdur 1980). Likewise, insofar as being targeted by hate speech undermines the exercise of one’s autonomous capacities, appeal to the underlying value of autonomy could well support restrictions on such speech (Brison 1998; see also Brink 2001). What’s more, if our interests as listeners in acquiring accurate information is undermined by fraudulent information, then restrictions on such information could well be compatible with our status as autonomous; this was one of the insights that led Scanlon to complicate his theory of free speech (1978).

Or consider the theory that free speech is justified because of its role in enabling autonomous speakers to express themselves. But as Japa Pallikkathayil has argued, some speech can intimidate its audiences into staying silent (as with some hate speech), out of fear for what will happen if they speak up (Pallikkathayil 2020). In principle, then, restrictions on hate speech may serve to support the value of speaker expression, rather than undermine it (see also Langton 2018; Maitra 2009; Maitra & McGowan 2007; and Matsuda 1989: 2337). Indeed, among the most prominent claims in feminist critiques of pornography is precisely that it silences women—not merely through its (perlocutionary) effects in inspiring rape, but more insidiously through its (illocutionary) effects in altering the force of the word “no” (see MacKinnon 1984; Langton 1993; and West 204 [2022]; McGowan 2003 and 2019; cf. Kramer 2021, pp. 160ff).

Now consider democracy theories. On the one hand, democracy theorists are adamant that citizens should be free to discuss any proposals, even the destruction of democracy itself (e.g., Meiklejohn 1948: 65–66). On the other hand, it isn’t obvious why citizens’ duties as democratic citizens could not set a limit to their democratic speech rights (Howard 2019a). The Nazi propagandist Goebbels is said to have remarked:

This will always remain one of the best jokes of democracy, that it gave its deadly enemies the means by which it was destroyed. (as quoted in Fox & Nolte 1995: 1)

But it is not clear why this is necessarily so. Why should we insist on a conception of democracy that contains a self-destruct mechanism? Merely stipulating that democracy requires this is not enough (see A. Greene and Simpson 2017).

Finally, consider Shiffrin’s thinker-based theory. Shiffrin’s view is especially well-placed to explain why varieties of harmful communications are protected speech; what the theory values is the sincere transmission of veridical testimony, whereby speakers disclose what they genuinely believe to others, even if what they believe is wrongheaded and dangerous. Yet because the sincere testimony of thinkers is what qualifies some communication for protection, Shiffrin is adamant that lying falls outside the protective ambit of freedom of expression (2014) This, then, sets an internal limit on her own theory (even if she herself disfavors all lies’ outright prohibition for reasons of tolerance). The claim that lying falls outside the protective ambit of free speech is itself a recurrent suggestion in the literature (Strauss 1991: 355; Brown 2023). In an era of rampant disinformation, this internal limit is of substantial practical significance.

Suppose the moral right (or principle) of free speech is limited, as most think, such that not all communications fall within its protective ambit (either for external reasons, internal reasons, or both). Even so, it does not follow that laws banning such unprotected speech can be justified all-things-considered. Further moral tests must be passed before any particular policy restricting speech can be justified. This sub-section focuses on the requirement that speech restrictions be proportionate .

The idea that laws implicating fundamental rights must be proportionate is central in many jurisdictions’ constitutional law, as well as in the international law of human rights. As a representative example, consider the specification of proportionality offered by the Supreme Court of Canada:

First, the measures adopted must be carefully designed to achieve the objective in question. They must not be arbitrary, unfair, or based on irrational considerations. In short, they must be rationally connected to the objective. Second, the means, even if rationally connected to the objective in this first sense, should impair “as little as possible” the right or freedom in question[…] Third, there must be a proportionality between the effects of the measures which are responsible for limiting the Charter right or freedom, and the objective which has been identified as of “sufficient importance” ( R v. Oakes 1986).

It is this third element (often called “proportionality stricto sensu ”) on which we will concentrate here; this is the focused sense of proportionality that roughly tracks how the term is used in the philosophical literatures on defensive harm and war, as well as (with some relevant differences) criminal punishment. (The strict scrutiny and intermediate scrutiny tests of U.S. constitutional law are arguably variations of the proportionality test; but set aside this complication for now as it distracts from the core philosophical issues. For relevant legal discussion, see Tsesis 2020.)

Proportionality, in the strict sense, concerns the relation between the costs or harms imposed by some measure and the benefits that the measure is designed to secure. The organizing distinction in recent philosophical literature (albeit largely missing in the literature on free speech) is one between narrow proportionality and wide proportionality . While there are different ways to cut up the terrain between these terms, let us stipulatively define them as follows. An interference is narrowly proportionate just in case the intended target of the interference is liable to bear the costs of that interference. An interference is widely proportionate just in case the collateral costs that the interference unintentionally imposes on others can be justified. (This distinction largely follows the literature in just war theory and the ethics of defensive force; see McMahan 2009.) While the distinction is historically absent from free speech theory, it has powerful payoffs in helping to structure this chaotic debate (as argued in Howard 2019a).

So start with the idea that restrictions on communication must be narrowly proportionate . For a restriction to be narrowly proportionate, those whose communications are restricted must be liable to bear their costs, such that they are not wronged by their imposition. One standard way to be liable to bear certain costs is to have a moral duty to bear them (Tadros 2012). So, for example, if speakers have a moral duty to refrain from libel, hate speech, or some other form of harmful speech, they are liable to bear at least some costs involved in the enforcement of that duty. Those costs cannot be unlimited; a policy of executing hate speakers could not plausibly be justified. Typically, in both defensive and punitive contexts, wrongdoers’ liability is determined by their culpability, the severity of their wrong, or some combination of the two. While it is difficult to say in the abstract what the precise maximal cost ceiling is for any given restriction, as it depends hugely on the details, the point is simply that there is some ceiling above which a speech restriction (like any restriction) imposes unacceptably high costs, even on wrongdoers.

Second, for a speech restriction to be justified, we must also show that it would be widely proportionate . Suppose a speaker is liable to bear the costs of some policy restricting her communication, such that she is not wronged by its imposition. It may be that the collateral costs of such a policy would render it unacceptable. One set of costs is chilling effects , the “overdeterrence of benign conduct that occurs incidentally to a law’s legitimate purpose or scope” (Kendrick 2013: 1649). The core idea is that laws targeting unprotected, legitimately proscribed expression may nevertheless end up having a deleterious impact on protected expression. This is because laws are often vague, overbroad, and in any case are likely to be misapplied by fallible officials (Schauer 1978: 699).

Note that if a speech restriction produces chilling effects, it does not follow that the restriction should not exist at all. Rather, concern about chilling effects instead suggests that speech restrictions should be under-inclusive—restricting less speech than is actually harmful—in order to create “breathing space”, or “a buffer zone of strategic protection” (Schauer 1978: 710) for legitimate expression and so reduce unwanted self-censorship. For example, some have argued that even though speech can cause harm recklessly or negligently, we should insist on specific intent as the mens rea of speech crimes in order to reduce any chilling effects that could follow (Alexander 1995: 21–128; Schauer 1978: 707; cf. Kendrick 2013).

But chilling effects are not the only sort of collateral effects to which speech restrictions could lead. Earlier we noted the risk that states might abuse their censorial powers. This, too, could militate in favor of underinclusive speech restrictions. Or the implication could be more radical. Consider the problem that it is difficult to author restrictions on hate speech in a tightly specified way; the language involved is open-ended in a manner that enables states to exercise considerable judgment in deciding what speech-acts, in fact, count as violations (see Strossen 2018). Given the danger that the state will misuse or abuse these laws to punish legitimate speech, some might think this renders their enactment widely disproportionate. Indeed, even if the law were well-crafted and would be judiciously applied by current officials, the point is that those in the future may not be so trustworthy.

Those inclined to accept such a position might simply draw the conclusion that legislatures ought to refrain from enacting laws against hate speech. A more radical conclusion is that the legal right to free speech ought to be specified so that hate speech is constitutionally protected. In other words, we ought to give speakers a legal right to violate their moral duties, since enforcing those moral duties through law is simply too risky. By appealing to this logic, it is conceivable that the First Amendment position on hate speech could be justified all-things-considered—not because the underlying moral right to free speech protects hate speech, but because hate speech must be protected for instrumental reasons of preventing future abuses of power (Howard 2019a).

Suppose certain restrictions on harmful speech can be justified as proportionate, in both the narrow and wide senses. This is still not sufficient to justify them all-things-considered. Additionally, they must be justified as necessary . (Note that some conceptions of proportionality in human rights law encompass the necessity requirement, but this entry follows the prevailing philosophical convention by treating them as distinct.)

Why might restrictions on harmful speech be unnecessary? One of the standard claims in the free speech literature is that we should respond to harmful speech not by banning it, but by arguing back against it. Counter-speech—not censorship—is the appropriate solution. This line of reasoning is old. As John Milton put it in 1644: “Let [Truth] and Falsehood grapple; who ever knew Truth put to the worse in a free and open encounter?” The insistence on counter-speech as the remedy for harmful speech is similarly found, as noted above, throughout chapter 2 of Mill’s On Liberty .

For many scholars, this line of reply is justified by the fact that they think the harmful speech in question is protected by the moral right to free speech. For such scholars, counter-speech is the right response because censorship is morally off the table. For other scholars, the recourse to counter-speech has a plausible distinct rationale (although it is seldom articulated): its possibility renders legal restrictions unnecessary. And because it is objectionable to use gratuitous coercion, legal restrictions are therefore impermissible (Howard 2019a). Such a view could plausibly justify Mill’s aforementioned analysis in the corn dealer example, whereby censorship is permissible but only when there’s no time for counter-speech—a view that is also endorsed by the U.S. Supreme Court in Brandenburg v. Ohio 395 U.S. 444 (1969).

Whether this argument succeeds depends upon a wide range of further assumptions—about the comparable effectiveness of counter-speech relative to law; about the burdens that counter-speech imposes on prospective counter-speakers. Supposing that the argument succeeds, it invites a range of further normative questions about the ethics of counter-speech. For example, it is important who has the duty to engage in counter-speech, who its intended audience is, and what specific forms the counter-speech ought to take—especially in order to maximize its persuasive effectiveness (Brettschneider 2012; Cepollaro, Lepoutre, & Simpson 2023; Howard 2021b; Lepoutre 2021; Badano & Nuti 2017). It is also important to ask questions about the moral limits of counter-speech. For example, insofar as publicly shaming wrongful speakers has become a prominent form of counter-speech, it is crucial to interrogate its permissibility (e.g., Billingham and Parr 2020).

This final section canvasses the young philosophical debate concerning freedom of speech on the internet. With some important exceptions (e.g., Barendt 2005: 451ff), this issue has only recently accelerated (for an excellent edited collection, see Brison & Gelber 2019). There are many normative questions to be asked about the moral rights and obligations of internet platforms. Here are three. First, do internet platforms have moral duties to respect the free speech of their users? Second, do internet platforms have moral duties to restrict (or at least refrain from amplifying) harmful speech posted by their users? And finally, if platforms do indeed have moral duties to restrict harmful speech, should those duties be legally enforced?

The reference to internet platforms , is a deliberate focus on large-scale social media platforms, through which people can discover and publicly share user-generated content. We set aside other entities such as search engines (Whitney & Simpson 2019), important though they are. That is simply because the central political controversies, on which philosophical input is most urgent, concern the large social-media platforms.

Consider the question of whether internet platforms have moral duties to respect the free speech of their users. One dominant view in the public discourse holds that the answer is no . On this view, platforms are private entities, and as such enjoy the prerogative to host whatever speech they like. This would arguably be a function of them having free speech rights themselves. Just as the free speech rights of the New York Times give it the authority to publish whatever op-eds it sees fit, the free speech rights of platforms give them the authority to exercise editorial or curatorial judgment about what speech to allow. On this view, if Facebook were to decide to become a Buddhist forum, amplifying the speech of Buddhist users and promoting Buddhist perspectives and ideas, and banning speech promoting other religions, it would be entirely within its moral (and thus proper legal) rights to do so. So, too, if it were to decide to become an atheist forum.

A radical alternative view holds that internet platforms constitute a public forum , a term of art from U.S. free speech jurisprudence used to designate spaces “designed for and dedicated to expressive activities” ( Southeastern Promotions Ltd., v. Conrad 1975). As Kramer has argued:

social-media platforms such as Facebook and Twitter and YouTube have become public fora. Although the companies that create and run those platforms are not morally obligated to sustain them in existence at all, the role of controlling a public forum morally obligates each such company to comply with the principle of freedom of expression while performing that role. No constraints that deviate from the kinds of neutrality required under that principle are morally legitimate. (Kramer 2021: 58–59)

On this demanding view, platforms’ duties to respect speech are (roughly) identical to the duties of states. Accordingly, if efforts by the state to restrict hate speech, pornography, and public health misinformation (for example) are objectionable affronts to free speech, so too are platforms’ content moderation rules for such content. A more moderate view does not hold that platforms are public forums as such, but holds that government channels or pages qualify as public forums (the claim at issue in Knight First Amendment Institute v. Trump (2019).)

Even if we deny that platforms constitute public forums, it is plausible that they engage in a governance function of some kind (Klonick 2018). As Jack Balkin has argued, the traditional model of free speech, which sees it as a relation between speakers and the state, is today plausibly supplanted by a triadic model, involving a more complex relation between speakers, governments, and intermediaries (2004, 2009, 2018, 2021). If platforms do indeed have some kind of governance function, it may well trigger responsibilities for transparency and accountability (as with new legislation such as the EU’s Digital Services Act and the UK’s Online Safety Act).

Second, consider the question of whether platforms have a duty to remove harmful content posted by users. Even those who regard them as public forums could agree that platforms may have a moral responsibility to remove illegal unprotected speech. Yet a dominant view in the public debate has historically defended platforms’ place as mere conduits for others’ speech. This is the current position under U.S. law (as with 47 U.S. Code §230), which broadly exempts platforms from liability for much illegal speech, such as defamation. On this view, we should view platforms as akin to bulletin boards: blame whoever posts wrongful content, but don’t hold the owner of the board responsible.

This view is under strain. Even under current U.S. law, platforms are liable for removing some content, such as child sexual abuse material and copyright infringements, suggesting that it is appropriate to demand some accountability for the wrongful content posted by others. An increasing body of philosophical work explores the idea that platforms are indeed morally responsible for removing extreme content. For example, some have argued that platforms have a special responsibility to prevent the radicalization that occurs on their networks, given the ways in which extreme content is amplified to susceptible users (Barnes 2022). Without engaging in moderation (i.e., removal) of harmful content, platforms are plausibly complicit with the wrongful harms perpetrated by users (Howard forthcoming).

Yet it remains an open question what a responsible content moderation policy ought to involve. Many are tempted by a juridical model, whereby platforms remove speech in accordance with clearly announced rules, with user appeals mechanisms in place for individual speech decisions to ensure they are correctly made (critiqued in Douek 2022b). Yet platforms have billions of users and remove millions of pieces of content per week. Accordingly, perfection is not possible. Moving quickly to remove harmful content during a crisis—e.g., Covid misinformation—will inevitably increase the number of false positives (i.e., legitimate speech taken down as collateral damage). It is plausible that the individualistic model of speech decisions adopted by courts is decidedly implausible to help us govern online content moderation; as noted in Douek 2021 and 2022a, what is needed is analysis of how the overall system should operate at scale, with a focus on achieving proportionality between benefits and costs. Alternatively, one might double down and insist that the juridical model is appropriate, given the normative significance of speech. And if it is infeasible for social-media companies to meet its demands given their size, then all the worse for social-media companies. On this view, it is they who must bend to meet the moral demands of free speech theory, not the other way around.

Substantial philosophical work needs to be done to deliver on this goal. The work is complicated by the fact that artificial intelligence (AI) is central to the processes of content moderation; human moderators, themselves subjected to terrible working conditions at long hours, work in conjunction with machine learning tools to identify and remove content that platforms have restricted. Yet AI systems notoriously are as biased as their training data. Further, their “black box” decisions are cryptic and cannot be easily understood. Given that countless speech decisions will necessarily be made without human involvement, it is right to ask whether it is reasonable to expect users to accept the deliverances of machines (e.g., see Vredenburgh 2022; Lazar forthcoming a). Note that machine intelligence is used not merely for content moderation, narrowly understood as the enforcement of rules about what speech is allowed. It is also deployed for the broader practice of content curation, determining what speech gets amplified — raising the question of what normative principles should govern such amplification; see Lazar forthcoming b).

Finally, there is the question of legal enforcement. Showing that platforms have the moral responsibility to engage in content moderation is necessary to justifying its codification into a legal responsibility. Yet it is not sufficient; one could accept that platforms have moral duties to moderate (some) harmful speech while also denying that those moral duties ought to be legally enforced. A strong, noninstrumental version of such a view would hold that while speakers have moral duties to refrain from wrongful speech, and platforms have duties not to platform or amplify it, the coercive enforcement of such duties would violate the moral right to freedom of expression. A more contingent, instrumental version of the view would hold that legal enforcement is not in principle impermissible; but in practice, it is simply too risky to grant the state the authority to enforce platforms’ and speakers’ moral duties, given the potential for abuse and overreach.

Liberals who champion the orthodox interpretation of the First Amendment, yet insist on robust content moderation, likely hold one or both of these views. Yet globally such views seem to be in the minority. Serious legislation is imminent that will subject social-media companies to burdensome regulation, in the form of such laws as the Digital Services Act in the European Union and the Online Safety Bill in the UK. Normatively evaluating such legislation is a pressing task. So, too, is the task of designing normative theories to guide the design of content moderation systems, and the wider governance of the digital public sphere. On both fronts, political philosophers should get back to work.

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Acknowledgments

I am grateful to the editors and anonymous referees of this Encyclopedia for helpful feedback. I am greatly indebted to Robert Mark Simpson for many incisive suggestions, which substantially improved the entry. This entry was written while on a fellowship funded by UK Research & Innovation (grant reference MR/V025600/1); I am thankful to UKRI for the support.

Copyright © 2024 by Jeffrey W. Howard < jeffrey . howard @ ucl . ac . uk >

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Library of Congress Catalog Data: ISSN 1095-5054

Chapter 6: The Right to Freedom of Speech

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The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.

Free speech is our most fundamental—and our most contested—right. It is an essential freedom because it is how we protect all of our other rights and liberties. If we could not speak openly about the policies and actions of government, then we would have no effective way to participate in the democratic process or protest when we believed governmental behavior threatened our security or our freedom. Although Americans agree that free speech is central to democratic government, we disagree sharply about what we mean by speech and about where the right begins and ends. Speech clearly includes words, but does it also include conduct or symbols? Certainly, we have the right to criticize the government, but can we also advocate its overthrow? Does the right to free speech allow us to incite hate or use foul language in public?

The framers of the Bill of Rights understood the importance of free expression and protected it under the First Amendment: “Congress shall make no law. . . abridging the freedom of speech.” Both English history and their own colonial past had taught them to value this right, but their definition of free speech was much more limited than ours. Less than a decade after the amendment’s ratification, Congress passed the Sedition Act of 1798, making it a crime to criticize the government. Many citizens believed government could forbid speech that threatened public order, as witnessed by numerous early nineteenth-century laws restricting speech against slavery. During the Civil War, thousands of antiwar protestors were arrested on the theory that the First Amendment did not protect disloyal speech. Labor unrest in the 1800s and 1890s brought similar restraints on the right of politically unpopular groups, such as socialists, to criticize government’s failure to protect working people from the ills of industrialization and economic depression.

Freedom of speech did not become a subject of important court cases until the twentieth century when the Supreme Court announced one of the most famous principles in constitutional law, the clear and present danger test. The test was straightforward: government could not restrict speech unless it posed a known, immediate threat to public safety. The standard sought to balance the need for order with the right to speak freely. At its heart was the question of proximity, or closeness, and degree. If speech brought about an action that was dangerous under the immediate circumstances, such as falsely yelling “fire” in a crowded theater, then it did not enjoy First Amendment protection. With this case, Schenck v. United States (1919), the Court began a decades-long process of seeking the right balance between free speech and public safety.

The balance, at first, was almost always on the side of order and security. Another case decided in 1919, Debs v. United States , illustrates how restrictive the test could be. Eugene Debs was a labor leader from Indiana who had run for President four times as the candidate of the Socialist Party of America, once polling more than one million votes. At a June 1918 rally in Chicago, while U.S. troops were fighting in World War I, he told the working-class crowd, “You need to know you are fit for something better than slavery and cannon fodder.”

The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic . . . The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree.

He was sentenced under an existing federal statute to twenty years in prison for inciting disloyalty and obstruction of military recruitment, which the Supreme Court upheld.

For the next five decades, the Court wrestled with the right balance between speech and order. Much of what defined freedom of speech emerged from challenges to the government’s ability to regulate or punish political protest. Each case brought a new set of circumstances that allowed the justices an opportunity to modify or extend the clear and present danger test. Many decisions recognized the abstract right of individuals to speak freely, but each one hedged this right in important ways. Always in the background were conditions that pointed to disorder, dissension, and danger—the Great Depression, World War II, and the Cold War, among them—so the justices were cautious in expanding a right that would expose America to greater threats. These cases, however, gradually introduced a new perspective on the value of free speech in a democracy, namely, the belief that truth is best reached by the free trade in ideas.

The belief that society is best served by a marketplace of ideas open to all opinions, no matter how radical, ultimately prevailed. In 1927, the Court had endorsed what came to be called the bad tendency test: if officials believed speech was likely to lead to a bad result, such as urging people to commit a violent act, it was not protected under the First Amendment even if no violence occurred. By 1969, however, similar facts produced a different outcome. Ku Klux Klan members in Ohio invited a television station to film their rally. Waving firearms, they shouted racist and anti-Semitic slurs and threatened to march on Congress before their leader was arrested and later convicted under a state law banning speech that had a tendency to incite violence. The Supreme Court overturned his conviction in Brandenburg v. Ohio and established the rule still in effect today: the First Amendment protects the right to advocate the use of force or violence, but it does not safeguard speech likely to incite or produce an immediate unlawful act. The Brandenburg test has allowed Nazis to march, Klan members to hold rallies, and other extremist groups to promote views far outside the mainstream of public opinion. With few exceptions—fighting words and obscenity, for example—government today cannot regulate the content of speech.

Even as society was coming to accept a wide range of political ideas, opposition to an unpopular war raised other questions about the limits and forms of free speech. By the mid- to late 1960s, the Vietnam War divided Americans. Although many citizens supported the use of U.S. troops to stop communism in Asia, a growing minority, including many draft-age young people, took to the streets to oppose the war. The protestors did not limit their efforts to antiwar speeches; they also wore shirts with obscene slogans, burned draft cards, and desecrated American flags. Using these symbols to protest, they argued, was a form of free speech. Soon, the Supreme Court faced the question squarely in a case involving a youthful protestor from the nation’s heartland: is symbolic speech—messages using symbols or signs, not words—protected by the First Amendment?

The first large-scale American demonstration against the Vietnam War occurred in November 1965 when more than 25,000 protestors converged on the nation’s capital. Fifty Iowans made the long bus ride, and on the way home they decided to make their opposition known locally by wearing black armbands to work and school. One member of the peace contingent was Lorena Tinker, the wife of a Des Moines Methodist minister and mother of five children. Mary Beth Tinker, a thirteen-year-old eighth grader, followed her mother’s suggestion and became one of a handful of local public school students who wore this symbol of protest to school. This act placed her in the middle of a national controversy about student rights and freedom of expression.

In many ways, Mary Beth was a normal eighth grader. She was a good student who enjoyed singing, spending time with her friends, and taking part in church activities. What made her different was a commitment to social justice, a passion encouraged by her parents, both of whom were known for their activism. Her parents wanted their children to share their moral and social values, and Mary Beth responded eagerly to their invitation to participate with them. By the time she became a teenager, she already had attended her first protest, accompanying her father to a rally about fair housing.

Mary Beth Tinker, her brother, John, and a handful of Des Moines students planned their demonstration for December 16, 1965. The students’ aim was not to protest the war but to mourn its casualties, Vietnamese and American, and to show support for proposed peace talks. School officials, however, promised to suspend anyone who came to school wearing the armbands, and the school principal suspended Mary Beth and sent her home. She was one of five students suspended that day for wearing the offending cloth. Significantly, the school ban applied only to armbands, in other words, to students who opposed the Vietnam War; a number of students that day wore an array of other symbols, including the Iron Cross, a Nazi medal.

When the school board upheld the suspensions, the Tinkers persuaded the Iowa Civil Liberties Union to take the case to federal court. Two lower federal courts agreed with the school’s action, rebuffing the argument that the policy violated the First Amendment guarantee of free speech. The Supreme Court decided otherwise. In its 7-to-2 decision, announced in February 1969, the justices held that the wearing of armbands is a symbolic act akin to “pure speech” and protected by the right to free expression. The protesting students posed no threat to the order required for effective instruction, nor did the wearing of armbands interfere with the school’s educational mission. In this instance, the balance between order and liberty was weighted on the side of the First Amendment. Students and teachers, the Court concluded, do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

Symbolic speech has been the focus of some of our greatest constitutional drama. Words may be powerful and provocative, but symbols are often more inflammatory because they are visual and evoke an emotional response. We live in an age when we use pictures and symbols to convey important messages, whether in politics or the marketplace. For these reasons, the Supreme Court’s recognition of symbolic speech as a right protected by the First Amendment has been a significant development. Twenty-five years after Mary Beth Tinker put on her armband in remembrance of the war dead, Life magazine featured a handful of civil liberties cases to celebrate the bicentennial of the Bill of Rights. Mary Beth’s case was included, even though the rights of students remained, and still are, more limited than those of adult citizens. But her actions as an eighth grader expanded our conception of constitutionally protected speech to include the symbols we use to express our convictions.

Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could most easily defeat us.

More than most other recent decisions, cases involving symbolic speech have revealed how contentious the right of free speech remains in our society. In 1989, the Supreme Court ruled that the First Amendment protected individuals who burned the American flag in protest. This decision was highly controversial, and it has resulted in numerous attempts to amend the Constitution to protect the flag and, in effect, limit speech in this circumstance. The outcome of this effort is uncertain, but the debate raises important questions: What role does this right play in our democracy? How does it contribute to our liberty as Americans?

The right to speak freely, without restraint, is essential to democratic government because it helps us develop better laws and policies through challenge, rebuttal, and debate. When we all have the ability to speak in the public forum, offensive opinions can be combated with an opposing argument, a more inclusive approach, a more effective idea. We tolerate offensive speech and protect the right to speak even for people who would deny it to us because we believe that exposing their thoughts and opinions to open debate will result in the discovery of truth. This principle is an old one in Western thought. U.S. Supreme Court Justice Oliver Wendell Holmes’s dissent in Abrams v. United States , a 1919 case suppressing free speech, is a classic statement of this view: “The best test of truth is the power of thought to get itself accepted in the competition of the market, and that truth is the only ground upon which [the public’s] wishes safely can be carried out.”

Governmental actions to deny differing points of view, even distasteful or unpopular opinions, rob us of the range of ideas that might serve the interests of society more effectively. In a case decided almost a decade before Tinker v. Des Moines , the Supreme Court found this rationale especially applicable to the classroom. “The Nation’s future,” the justices wrote, “depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth out of a multitude of tongues.” As a nation, we are willing to live with the often bitter conflict over ideas because we believe it will lead to truth and to improved lives for all citizens. We recognize that freedom of speech is the first freedom of democracy, as the English poet John Milton argued during his own seventeenth-century struggle to gain this right: “Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.” The ability to speak freely allows us to pursue truth, to challenge falsehoods, to correct mistakes—all are necessary for a healthy society.

Free speech also reflects a commitment to individual freedom and autonomy, the right to decide for ourselves and to pursue our own destiny. Throughout our history, we have been so committed to individual choice that many foreign observers believe it is our most characteristic trait. We see it reflected daily in everything from advertising slogans—“Have It Your Way”— to fashion statements, but fail to recognize how closely freedom is tied to the right to speak freely. Free speech guarantees us an individual voice, no matter how far removed our opinions and beliefs are from mainstream society. With this voice we are free to contribute as individuals to the marketplace of ideas or a marketplace of goods, as well as to decide how and under what circumstances we will join with others to decide social and governmental policies.

A commitment to free speech, of course, will not resolve all conflict, not if our history is any guide. The debate is most contentious during times of war or other moments when national security is at stake. Even then—perhaps especially then—we will continue to fight over words and symbols because they express our deepest hopes and our most worrisome fears. This contest over what speech is acceptable and what is not has been a constant theme of our past. Rarely do these struggles produce a neat consensus. More often, intemperate rhetoric and bitter division have been their legacy, and this angry clamor is one of the basic noises of our history. What makes the struggle to protect free speech worthwhile is its ability to serve as a lever for change. When we practice our right to speak openly, we are defining the contours of our democracy. It is messy work, but through it, we keep the Constitution alive and, with it, our dreams of a just society.

“Free Trade in Ideas”

Jacob Abrams was a Russian immigrant and anarchist convicted of violating the Sedition Act of 1918, which made it a crime to advocate anything that would impede the war effort during World War I. In 1917 Justice Oliver Wendell Holmes, Jr., had written the Court’s opinion in Schenck v. United States , upholding similar convictions because Congress had a right to regulate speech that posed a “clear and present danger” to public safety. But by the time Abrams’s appeal reached the Court in 1919, Holmes had modified his views. Disturbed by anti-radical hysteria, he dissented from the majority’s decision upholding Abrams’s conviction in Abrams v. United States . His eloquent discussion of the connection between freedom of speech and the search for truth soon became the standard used by the Supreme Court to judge free speech cases until Brandenberg v. Ohio in 1972. The First Amendment, Holmes reasoned, protected the expression of all opinions “unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.”

But as against dangers peculiar to war, as against others, the principle of the right to free speech is always the same. It is only the present danger of immediate evil or an intent to bring it about that warrants Congress in setting a limit to the expression of opinion where private rights are not concerned. Congress certainly cannot forbid all effort to change the mind of the country. Now nobody can suppose that the surreptitious publishing of a silly leaflet by an unknown man, without more, would present any immediate danger that its opinions would hinder the success of the government arms or have any appreciable tendency to do so . . .

Persecution for the expression of opinions seems to me perfectly logical. If you have no doubt of your premises or your power and want a certain result with all your heart you naturally express your wishes in law and sweep away all opposition. To allow opposition by speech seems to indicate that you think the speech impotent, as when a man says that he has squared the circle, or that you do not care whole heartedly for the result, or that you doubt either your power or your premises. But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas—that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution. It is an experiment, as all life is an experiment. Every year if not every day we have to wager our salvation upon some prophecy based upon imperfect knowledge. While that experiment is part of our system I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country . . . Only the emergency that makes it immediately dangerous to leave the correction of evil counsels to time warrants making any exception to the sweeping command, “Congress shall make no law abridging the freedom of speech.” Of course I am speaking only of expressions of opinion and exhortations, which were all that were uttered here, but I regret that I cannot put into more impressive words my belief that in their conviction upon this indictment the defendants were deprived of their rights under the Constitution of the United States.

“Malicious Words” versus “Free Communication”

In response to fears about imminent wars with France in 1798, the Federalist-controlled Congress passed a series of four acts known collectively as the Alien and Sedition Acts. Section 2 of the Sedition Act made it a crime to make defamatory statements about the government or President. (Sedition is an action inciting resistance to lawful authority and tending to lead to the overthrow of the government.) The act was designed to suppress political opposition. Its passage by Congress reveals how limited the definition of the right of free speech was for some Americans only a few years after the ratification of the First Amendment.

Sec. 2 . . . That if any person shall write, print, utter, or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United Sates, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.

James Madison, congressman from Virginia, and Thomas Jefferson, the sitting Vice President, secretly drafted resolutions protesting the Sedition Act as unconstitutional. The Virginia and Kentucky legislatures passed these resolutions in 1798. Both resolutions especially pointed to the act’s violation of First Amendment protections, as seen in the Virginia Resolution here.

Resolved, . . . That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution in the two late cases of the “Alien and Sedition Acts” passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, and which by uniting legislative and judicial powers to those of executive, subverts the general principles of free government; as well as the particular organization, and positive provisions of the federal constitution; and the other of which acts, exercises in like manner, a power not delegated by the constitution, but on the contrary, expressly and positively forbidden by one of the amendments thereto; a power, which more than any other, ought to produce universal alarm, because it is levelled against that right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been justly deemed, the only effectual guardian of every other right.

That this state having by its Convention, which ratified the federal Constitution, expressly declared, that among other essential rights, “the Liberty of Conscience and of the Press cannot be cancelled, abridged, restrained, or modified by any authority of the United States,” and from its extreme anxiety to guard these rights from every possible attack of sophistry or ambition, having with other states, recommended an amendment for that purpose, which amendment was, in due time, annexed to the Constitution; it would mark a reproachable inconsistency, and criminal degeneracy, if an indifference were now shewn, to the most palpable violation of one of the Rights, thus declared and secured; and to the establishment of a precedent which may be fatal to the other.

The Sedition Act expired in 1801 but not until a number of the Federalists’ opponents, including Congressman Matthew Lyon of Vermont, had been convicted of violating the law. Today, historians consider the Sedition Act to have been a gross misuse of government power. In 1798, the Kentucky Resolutions focused on the rights of states to determine the limits of free speech.

Resolved, that it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;” and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed.

Related Resources

  • Timeline: First Amendment - Freedom of Speech
  • Video: A Conversation on the Constitution with Justices Stephen Breyer, Anthony Kennedy and Sandra Day O'Connor: Freedom of Speech

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The first amendment, schenck v. united states: defining the limits of free speech.

November 2, 2015 | by Joshua Waimberg

Justice Oliver Wendell Holmes, Jr.

Note:  Landmark Cases , a C-SPAN series on historic Supreme Court decisions—produced in cooperation with the National Constitution Center—continues on Monday, Nov. 2 at   9pm ET. This week’s show features  Schenck v. United States .

In a case that would define the limits of the First Amendment’s right to free speech , the Supreme Court decided the early 20 th -century case of Schenck v. United States .

The case began, as many do, with an act of Congress. Shortly after the United States entered into World War I, Congress passed the Espionage Act of 1917. It was passed with the goals of prohibiting interference with military operations or recruitment, preventing insubordination in the military, and preventing the support of hostile enemies during wartime.

At the time, Charles Schenck was an important Philadelphia socialist. He was the general secretary of the Socialist Party of America, and was opposed to the United States’ entry into the war. As part of his efforts to counter the war effort, Schenck organized the distribution of 15,000 leaflets to prospective military draftees encouraging them to resist the draft.

The leaflet began with the heading, “Long Live The Constitution Of The United States; Wake Up America! Your Liberties Are in Danger!” It went on to quote Section One of the 13 th Amendment , which outlawed slavery and involuntary servitude. Schenck’s leaflet asserted that the draft amounted to involuntary servitude because “a conscripted citizen is forced to surrender his right as a citizen and become a subject.” The leaflet’s other side, titled “Assert Your Rights,” told conscripts that, “[i]f you do not support you rights, you are helping to ‘deny or disparage rights’ which it is the solemn duty of all citizens and residents of the United States to retain.”

Schenck was arrested, and, among other charges, was indicted for “conspir[ing] to violate the Espionage Act … by causing and attempting to cause insubordination … and to obstruct the recruiting and enlistment service of the United States.” Schenck and Elizabeth Baer, another member of the Socialist Party who was also charged, were both convicted following a jury trial and sentenced to six months in prison.

Schenck and Baer appealed their convictions to the Supreme Court. They argued that their convictions—and Section Three of the Espionage Act of 1917, under which they were convicted—violated the First Amendment. They claimed that the Act had the effect of dissuading and outlawing protected speech about the war effort, thereby abridging the First Amendment’s protection of freedom of speech.

In a unanimous decision written by Justice Oliver Wendell Holmes, the Supreme Court upheld Schenck’s conviction and found that the Espionage Act did not violate Schenck’s First Amendment right to free speech. The Court determined that Schenck had, in fact, intended to undermine the draft, as the leaflets instructed recruits to resist the draft. Additionally, even though the Act only applied to successful efforts to obstruct the draft, the Court found that attempts made by speech or writing could be punished just like other attempted crimes.

When it came to the Act’s alleged violation of the First Amendment, the Court found that context was the most important factor. The Court said that, while “in many places and in ordinary times” the leaflet would have been protected, the circumstances of a nation at war allowed for greater restrictions on free speech. Justice Holmes wrote, “When a nation is at war, many things that might be said in a time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right.”

Holmes famously analogized the United States’ position in wartime to that of a crowded theater:

The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic … The question in every case is whether the words are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.

This quote, while famous for its analogy, also gave the Court a pragmatic standard to use when faced with free speech challenges. The “clear and present danger” standard encouraged the use of a balancing test to question the state’s limitations on free speech on a case-by-case basis. If the Court found that there was a “clear and present danger” that the speech would produce a harm that Congress had forbidden, then the state would be justified in limiting that speech.

It was only a year later that Holmes attempted to redefine the standard. In the 1919 case of Abrams v. United States , the Justice reversed his position and dissented, questioning the government’s ability to limit free speech. Holmes did not believe that the Court was applying the “clear and present danger” standard appropriately in the case, and changed its phrasing. He wrote that a stricter standard should apply, saying that the state could restrict and punish “speech that produces or is intended to produce clear and imminent danger that it will bring about forthwith certain substantive evils that the United States constitutionally may seek to prevent.”

But the “clear and present danger” standard would last for another 50 years. In Brandenburg v. Ohio , a 1969 case dealing with free speech, the Court finally replaced it with the “imminent lawless action” test. This new test stated that the state could only limit speech that incites imminent unlawful action. This standard is still applied by the Court today to free speech cases involving the advocacy of violence.

The Espionage Act of 1917 lives on as well. Since the decision in Schenck v. United States , those who have been charged under the act include Socialist presidential candidate Eugene Debs, executed communists Julius and Ethel Rosenberg, and Pentagon Papers whistleblower Daniel Ellsberg. Most recently, both Chelsea Manning and Edward Snowden have also been charged under the Act.

Joshua Waimberg is a legal fellow at the National Constitution Center.

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The Problem of Free Speech in an Age of Disinformation

By The New York Times Magazine

Free Speech Will Save Our Democracy

writing and free speech

The First Amendment in the age of disinformation.

By Emily Bazelon

This summer, a bipartisan group of about a hundred academics, journalists, pollsters, former government officials and former campaign staff members convened for an initiative called the Transition Integrity Project. By video conference, they met to game out hypothetical threats to the November election and a peaceful transfer of power if the Democratic candidate, former Vice President Joe Biden, were to win. Dividing into Team Trump and Team Biden, the group ran various scenarios about counting ballots and the litigation and protests and violence that could follow a contested election result. The idea was to test the machinery of American democracy.

Describing the results in a Sept. 3 essay in The Washington Post, one of the project’s organizers, Rosa Brooks, a Georgetown law professor and Pentagon official during the Obama administration, mentioned a situation in which Biden won the popular vote but lost in the Electoral College. In that hypothetical case, “desperate Democrats” on Team Biden considered encouraging California and the Pacific Northwest to threaten secession to pressure Republicans to expand the size of the Senate.

The next day, Michael Anton, a former national security adviser to President Trump, published an article about the Transition Integrity Project called “The Coming Coup?” Democrats were “laying the groundwork for revolution,” Anton wrote without evidence in The American Mind, a publication of the Claremont Institute. He warned that ballots harvested “lawfully or not” could tip close states to Biden.

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By mid-September, Anton’s article was one of the most-shared links in extremist online communities, according to a newsletter published by the Institute for Strategic Dialogue, a think tank based in London. Dan Bongino, a podcaster and Trump supporter, covered Anton’s essay and the imagined coup in several videos, with one tagged, “They are telling you what they are going to do!” Just two of the videos pulled in at least six million views.

On Sept. 9, a post appeared on Revolver News, a new right-wing website. It claimed without evidence that one participant in the Transition Integrity Project, Norm Eisen, who served as a counsel for the Democrats on the House Judiciary Committee during the impeachment proceedings, was a “central operative” in a “color revolution” against Trump, a term for uprisings that have toppled governments in countries like Georgia and Ukraine. Trump tweeted in praise of Revolver News a few days later.

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How to write a good speech in 7 steps

By:  Susan Dugdale  

- an easily followed format for writing a great speech

Did you know writing a speech doesn't have be an anxious, nail biting experience?

Unsure? Don't be.

You may have lived with the idea you were never good with words for a long time. Or perhaps giving speeches at school brought you out in cold sweats.

However learning how to write a speech is relatively straight forward when you learn to write out loud.

And that's the journey I am offering to take you on: step by step.

To learn quickly, go slow

Take all the time you need. This speech format has 7 steps, each building on the next.

Walk, rather than run, your way through all of them. Don't be tempted to rush. Familiarize yourself with the ideas. Try them out.

I know there are well-advertised short cuts and promises of 'write a speech in 5 minutes'. However in reality they only truly work for somebody who already has the basic foundations of speech writing in place.

The foundation of good speech writing 

These steps are the backbone of sound speech preparation. Learn and follow them well at the outset and yes, given more experience and practice you could probably flick something together quickly. Like any skill, the more it's used, the easier it gets.

In the meantime...

Step 1: Begin with a speech overview or outline

Are you in a hurry? Without time to read a whole page? Grab ... The Quick How to Write a Speech Checklist And come back to get the details later.

  • WHO you are writing your speech for (your target audience)
  • WHY you are preparing this speech. What's the main purpose of your speech? Is it to inform or tell your audience about something? To teach them a new skill or demonstrate something? To persuade or to entertain? (See 4 types of speeches: informative, demonstrative, persuasive and special occasion or entertaining for more.) What do you want them to think, feel or do as a result of listening the speech?
  • WHAT your speech is going to be about (its topic) - You'll want to have thought through your main points and have ranked them in order of importance. And have sorted the supporting research you need to make those points effectively.
  • HOW much time you have for your speech eg. 3 minutes, 5 minutes... The amount of time you've been allocated dictates how much content you need. If you're unsure check this page: how many words per minute in a speech: a quick reference guide . You'll find estimates of the number of words required for 1 - 10 minute speeches by slow, medium and fast talkers.

Use an outline

The best way to make sure you deliver a perfect speech is to start by carefully completing a speech outline covering the essentials: WHO, WHY, WHAT and HOW.

Beginning to write without thinking your speech through is a bit like heading off on a journey not knowing why you're traveling or where you're going to end up. You can find yourself lost in a deep, dark, murky muddle of ideas very quickly!

Pulling together a speech overview or outline is a much safer option. It's the map you'll follow to get where you want to go.

Get a blank speech outline template to complete

Click the link to find out a whole lot more about preparing a speech outline . ☺ You'll also find a free printable blank speech outline template.  I recommend using it!

Understanding speech construction

Before you begin to write, using your completed outline as a guide, let's briefly look at what you're aiming to prepare.

  • an opening or introduction
  • the body where the bulk of the information is given
  • and an ending (or summary).

Imagine your speech as a sandwich

Image: gourmet sandwich with labels on the top (opening) and bottom (conclusion) slices of bread and filling, (body). Text: Key ingredients for a superb speech sandwich.

If you think of a speech as a sandwich you'll get the idea.

The opening and ending are the slices of bread holding the filling (the major points or the body of your speech) together.

You can build yourself a simple sandwich with one filling (one big idea) or you could go gourmet and add up to three or, even five. The choice is yours.

But whatever you choose to serve, as a good cook, you need to consider who is going to eat it! And that's your audience.

So let's find out who they are before we do anything else. 

Step 2: Know who you are talking to

Understanding your audience.

Did you know a  good speech is never written from the speaker's point of view?  ( If you need to know more about why check out this page on  building rapport .)

Begin with the most important idea/point on your outline.

Consider HOW you can explain (show, tell) that to your audience in the most effective way for them to easily understand it.   

Writing from the audience's point of view

writing and free speech

To help you write from an audience point of view, it's a good idea to identify either a real person or the type of person who is most likely to be listening to you.

Make sure you select someone who represents the "majority" of the people who will be in your audience. That is they are neither struggling to comprehend you at the bottom of your scale or light-years ahead at the top.

Now imagine they are sitting next to you eagerly waiting to hear what you're going to say. Give them a name, for example, Joe, to help make them real.

Ask yourself

  • How do I need to tailor my information to meet Joe's needs? For example, do you tell personal stories to illustrate your main points? Absolutely! Yes. This is a very powerful technique. (Click storytelling in speeches to find out more.)
  • What type or level of language is right for Joe as well as my topic? For example if I use jargon (activity, industry or profession specific vocabulary) will it be understood?

Step 3: Writing as you speak

Writing oral language.

Write down what you want to say about your first main point as if you were talking directly to Joe.

If it helps, say it all out loud before you write it down and/or record it.

Use the information below as a guide

Infographic: The Characteristics of Spoken Language - 7 points of difference with examples.

(Click to download The Characteristics of Spoken Language  as a pdf.) 

You do not have to write absolutely everything you're going to say down * but you do need to write down, or outline, the sequence of ideas to ensure they are logical and easily followed.

Remember too, to explain or illustrate your point with examples from your research. 

( * Tip: If this is your first speech the safety net of having everything written down could be just what you need. It's easier to recover from a patch of jitters when you have a word by word manuscript than if you have either none, or a bare outline. Your call!)

Step 4: Checking tone and language

The focus of this step is re-working what you've done in Step 2 and 3.

You identified who you were talking to (Step 2) and in Step 3, wrote up your first main point.  Is it right? Have you made yourself clear?  Check it.

Graphic:cartoon drawing of a woman sitting in front of a laptop. Text:How to write a speech: checking tone and language.

How well you complete this step depends on how well you understand the needs of the people who are going to listen to your speech.

Please do not assume because you know what you're talking about the person (Joe) you've chosen to represent your audience will too. Joe is not a mind-reader!

How to check what you've prepared

  • Check the "tone" of your language . Is it right for the occasion, subject matter and your audience?
  • Check the length of your sentences. You need short sentences. If they're too long or complicated you risk losing your listeners.

Check for jargon too. These are industry, activity or group exclusive words.

For instance take the phrase: authentic learning . This comes from teaching and refers to connecting lessons to the daily life of students. Authentic learning is learning that is relevant and meaningful for students. If you're not a teacher you may not understand the phrase.

The use of any vocabulary requiring insider knowledge needs to be thought through from the audience perspective. Jargon can close people out.

  • Read what you've written out loud. If it flows naturally, in a logical manner, continue the process with your next main idea. If it doesn't, rework.

We use whole sentences and part ones, and we mix them up with asides or appeals e.g. "Did you get that? Of course you did. Right...Let's move it along. I was saying ..."

Click for more about the differences between spoken and written language .

And now repeat the process

Repeat this process for the remainder of your main ideas.

Because you've done the first one carefully, the rest should follow fairly easily.

Step 5: Use transitions

Providing links or transitions between main ideas.

Between each of your main ideas you need to provide a bridge or pathway for your audience. The clearer the pathway or bridge, the easier it is for them to make the transition from one idea to the next.

Graphic - girl walking across a bridge. Text - Using transitions to link ideas.

If your speech contains more than three main ideas and each is building on the last, then consider using a "catch-up" or summary as part of your transitions.

Is your speech being evaluated? Find out exactly what aspects you're being assessed on using this standard speech evaluation form

Link/transition examples

A link can be as simple as:

"We've explored one scenario for the ending of Block Buster 111, but let's consider another. This time..."

What follows this transition is the introduction of Main Idea Two.

Here's a summarizing link/transition example:

"We've ended Blockbuster 111 four ways so far. In the first, everybody died. In the second, everybody died BUT their ghosts remained to haunt the area. In the third, one villain died. His partner reformed and after a fight-out with the hero, they both strode off into the sunset, friends forever. In the fourth, the hero dies in a major battle but is reborn sometime in the future.

And now what about one more? What if nobody died? The fifth possibility..."

Go back through your main ideas checking the links. Remember Joe as you go. Try each transition or link out loud and really listen to yourself. Is it obvious? Easily followed?

Keep them if they are clear and concise.

For more about transitions (with examples) see Andrew Dlugan's excellent article, Speech Transitions: Magical words and Phrases .

Step 6: The end of your speech

The ideal ending is highly memorable . You want it to live on in the minds of your listeners long after your speech is finished. Often it combines a call to action with a summary of major points.

Comic Graphic: End with a bang

Example speech endings

Example 1: The desired outcome of a speech persuading people to vote for you in an upcoming election is that they get out there on voting day and do so. You can help that outcome along by calling them to register their support by signing a prepared pledge statement as they leave.

"We're agreed we want change. You can help us give it to you by signing this pledge statement as you leave. Be part of the change you want to see!

Example 2: The desired outcome is increased sales figures. The call to action is made urgent with the introduction of time specific incentives.

"You have three weeks from the time you leave this hall to make that dream family holiday in New Zealand yours. Can you do it? Will you do it? The kids will love it. Your wife will love it. Do it now!"

How to figure out the right call to action

A clue for working out what the most appropriate call to action might be, is to go back to your original purpose for giving the speech.

  • Was it to motivate or inspire?
  • Was it to persuade to a particular point of view?
  • Was it to share specialist information?
  • Was it to celebrate a person, a place, time or event?

Ask yourself what you want people to do as a result of having listened to your speech.

For more about ending speeches

Visit this page for more about how to end a speech effectively . You'll find two additional types of speech endings with examples.

Write and test

Write your ending and test it out loud. Try it out on a friend, or two. Is it good? Does it work?

Step 7: The introduction

Once you've got the filling (main ideas) the linking and the ending in place, it's time to focus on the introduction.

The introduction comes last as it's the most important part of your speech. This is the bit that either has people sitting up alert or slumped and waiting for you to end. It's the tone setter!

What makes a great speech opening?

Ideally you want an opening that makes listening to you the only thing the 'Joes' in the audience want to do.

You want them to forget they're hungry or that their chair is hard or that their bills need paying.

The way to do that is to capture their interest straight away. You do this with a "hook".

Hooks to catch your audience's attention

Hooks come in as many forms as there are speeches and audiences. Your task is work out what specific hook is needed to catch your audience.

Graphic: shoal of fish and two hooked fishing lines. Text: Hooking and holding attention

Go back to the purpose. Why are you giving this speech?

Once you have your answer, consider your call to action. What do you want the audience to do, and, or take away, as a result of listening to you?

Next think about the imaginary or real person you wrote for when you were focusing on your main ideas.

Choosing the best hook

  • Is it humor?
  • Would shock tactics work?
  • Is it a rhetorical question?
  • Is it formality or informality?
  • Is it an outline or overview of what you're going to cover, including the call to action?
  • Or is it a mix of all these elements?

A hook example

Here's an example from a fictional political speech. The speaker is lobbying for votes. His audience are predominately workers whose future's are not secure.

"How's your imagination this morning? Good? (Pause for response from audience) Great, I'm glad. Because we're going to put it to work starting right now.

I want you to see your future. What does it look like? Are you happy? Is everything as you want it to be? No? Let's change that. We could do it. And we could do it today.

At the end of this speech you're going to be given the opportunity to change your world, for a better one ...

No, I'm not a magician. Or a simpleton with big ideas and precious little commonsense. I'm an ordinary man, just like you. And I have a plan to share!"

And then our speaker is off into his main points supported by examples. The end, which he has already foreshadowed in his opening, is the call to vote for him.

Prepare several hooks

Experiment with several openings until you've found the one that serves your audience, your subject matter and your purpose best.

For many more examples of speech openings go to: how to write a speech introduction . You'll find 12 of the very best ways to start a speech.

writing and free speech

That completes the initial seven steps towards writing your speech. If you've followed them all the way through, congratulations, you now have the text of your speech!

Although you might have the words, you're still a couple of steps away from being ready to deliver them. Both of them are essential if you want the very best outcome possible. They are below. Please take them.

Step 8: Checking content and timing

This step pulls everything together.

Check once, check twice, check three times & then once more!

Go through your speech really carefully.

On the first read through check you've got your main points in their correct order with supporting material, plus an effective introduction and ending.

On the second read through check the linking passages or transitions making sure they are clear and easily followed.

On the third reading check your sentence structure, language use and tone.

Double, triple check the timing

Now go though once more.

This time read it aloud slowly and time yourself.

If it's too long for the time allowance you've been given make the necessary cuts.

Start by looking at your examples rather than the main ideas themselves. If you've used several examples to illustrate one principal idea, cut the least important out.

Also look to see if you've repeated yourself unnecessarily or, gone off track. If it's not relevant, cut it.

Repeat the process, condensing until your speech fits the required length, preferably coming in just under your time limit.

You can also find out how approximately long it will take you to say the words you have by using this very handy words to minutes converter . It's an excellent tool, one I frequently use. While it can't give you a precise time, it does provide a reasonable estimate.

Graphic: Click to read example speeches of all sorts.

Step 9: Rehearsing your speech

And NOW you are finished with writing the speech, and are ready for REHEARSAL .

writing and free speech

Please don't be tempted to skip this step. It is not an extra thrown in for good measure. It's essential.

The "not-so-secret" secret of successful speeches combines good writing with practice, practice and then, practicing some more.

Go to how to practice public speaking and you'll find rehearsal techniques and suggestions to boost your speech delivery from ordinary to extraordinary.

The Quick How to Write a Speech Checklist

Before you begin writing you need:.

  • Your speech OUTLINE with your main ideas ranked in the order you're going to present them. (If you haven't done one complete this 4 step sample speech outline . It will make the writing process much easier.)
  • Your RESEARCH
  • You also need to know WHO you're speaking to, the PURPOSE of the speech and HOW long you're speaking for

The basic format

  • the body where you present your main ideas

Split your time allowance so that you spend approximately 70% on the body and 15% each on the introduction and ending.

How to write the speech

  • Write your main ideas out incorporating your examples and research
  • Link them together making sure each flows in a smooth, logical progression
  • Write your ending, summarizing your main ideas briefly and end with a call for action
  • Write your introduction considering the 'hook' you're going to use to get your audience listening
  • An often quoted saying to explain the process is: Tell them what you're going to tell them (Introduction) Tell them (Body of your speech - the main ideas plus examples) Tell them what you told them (The ending)

TEST before presenting. Read aloud several times to check the flow of material, the suitability of language and the timing.

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writing and free speech

The Writing Center • University of North Carolina at Chapel Hill

What this handout is about

This handout will help you create an effective speech by establishing the purpose of your speech and making it easily understandable. It will also help you to analyze your audience and keep the audience interested.

What’s different about a speech?

Writing for public speaking isn’t so different from other types of writing. You want to engage your audience’s attention, convey your ideas in a logical manner and use reliable evidence to support your point. But the conditions for public speaking favor some writing qualities over others. When you write a speech, your audience is made up of listeners. They have only one chance to comprehend the information as you read it, so your speech must be well-organized and easily understood. In addition, the content of the speech and your delivery must fit the audience.

What’s your purpose?

People have gathered to hear you speak on a specific issue, and they expect to get something out of it immediately. And you, the speaker, hope to have an immediate effect on your audience. The purpose of your speech is to get the response you want. Most speeches invite audiences to react in one of three ways: feeling, thinking, or acting. For example, eulogies encourage emotional response from the audience; college lectures stimulate listeners to think about a topic from a different perspective; protest speeches in the Pit recommend actions the audience can take.

As you establish your purpose, ask yourself these questions:

  • What do you want the audience to learn or do?
  • If you are making an argument, why do you want them to agree with you?
  • If they already agree with you, why are you giving the speech?
  • How can your audience benefit from what you have to say?

Audience analysis

If your purpose is to get a certain response from your audience, you must consider who they are (or who you’re pretending they are). If you can identify ways to connect with your listeners, you can make your speech interesting and useful.

As you think of ways to appeal to your audience, ask yourself:

  • What do they have in common? Age? Interests? Ethnicity? Gender?
  • Do they know as much about your topic as you, or will you be introducing them to new ideas?
  • Why are these people listening to you? What are they looking for?
  • What level of detail will be effective for them?
  • What tone will be most effective in conveying your message?
  • What might offend or alienate them?

For more help, see our handout on audience .

Creating an effective introduction

Get their attention, otherwise known as “the hook”.

Think about how you can relate to these listeners and get them to relate to you or your topic. Appealing to your audience on a personal level captures their attention and concern, increasing the chances of a successful speech. Speakers often begin with anecdotes to hook their audience’s attention. Other methods include presenting shocking statistics, asking direct questions of the audience, or enlisting audience participation.

Establish context and/or motive

Explain why your topic is important. Consider your purpose and how you came to speak to this audience. You may also want to connect the material to related or larger issues as well, especially those that may be important to your audience.

Get to the point

Tell your listeners your thesis right away and explain how you will support it. Don’t spend as much time developing your introductory paragraph and leading up to the thesis statement as you would in a research paper for a course. Moving from the intro into the body of the speech quickly will help keep your audience interested. You may be tempted to create suspense by keeping the audience guessing about your thesis until the end, then springing the implications of your discussion on them. But if you do so, they will most likely become bored or confused.

For more help, see our handout on introductions .

Making your speech easy to understand

Repeat crucial points and buzzwords.

Especially in longer speeches, it’s a good idea to keep reminding your audience of the main points you’ve made. For example, you could link an earlier main point or key term as you transition into or wrap up a new point. You could also address the relationship between earlier points and new points through discussion within a body paragraph. Using buzzwords or key terms throughout your paper is also a good idea. If your thesis says you’re going to expose unethical behavior of medical insurance companies, make sure the use of “ethics” recurs instead of switching to “immoral” or simply “wrong.” Repetition of key terms makes it easier for your audience to take in and connect information.

Incorporate previews and summaries into the speech

For example:

“I’m here today to talk to you about three issues that threaten our educational system: First, … Second, … Third,”

“I’ve talked to you today about such and such.”

These kinds of verbal cues permit the people in the audience to put together the pieces of your speech without thinking too hard, so they can spend more time paying attention to its content.

Use especially strong transitions

This will help your listeners see how new information relates to what they’ve heard so far. If you set up a counterargument in one paragraph so you can demolish it in the next, begin the demolition by saying something like,

“But this argument makes no sense when you consider that . . . .”

If you’re providing additional information to support your main point, you could say,

“Another fact that supports my main point is . . . .”

Helping your audience listen

Rely on shorter, simpler sentence structures.

Don’t get too complicated when you’re asking an audience to remember everything you say. Avoid using too many subordinate clauses, and place subjects and verbs close together.

Too complicated:

The product, which was invented in 1908 by Orville Z. McGillicuddy in Des Moines, Iowa, and which was on store shelves approximately one year later, still sells well.

Easier to understand:

Orville Z. McGillicuddy invented the product in 1908 and introduced it into stores shortly afterward. Almost a century later, the product still sells well.

Limit pronoun use

Listeners may have a hard time remembering or figuring out what “it,” “they,” or “this” refers to. Be specific by using a key noun instead of unclear pronouns.

Pronoun problem:

The U.S. government has failed to protect us from the scourge of so-called reality television, which exploits sex, violence, and petty conflict, and calls it human nature. This cannot continue.

Why the last sentence is unclear: “This” what? The government’s failure? Reality TV? Human nature?

More specific:

The U.S. government has failed to protect us from the scourge of so-called reality television, which exploits sex, violence, and petty conflict, and calls it human nature. This failure cannot continue.

Keeping audience interest

Incorporate the rhetorical strategies of ethos, pathos, and logos.

When arguing a point, using ethos, pathos, and logos can help convince your audience to believe you and make your argument stronger. Ethos refers to an appeal to your audience by establishing your authenticity and trustworthiness as a speaker. If you employ pathos, you appeal to your audience’s emotions. Using logos includes the support of hard facts, statistics, and logical argumentation. The most effective speeches usually present a combination these rhetorical strategies.

Use statistics and quotations sparingly

Include only the most striking factual material to support your perspective, things that would likely stick in the listeners’ minds long after you’ve finished speaking. Otherwise, you run the risk of overwhelming your listeners with too much information.

Watch your tone

Be careful not to talk over the heads of your audience. On the other hand, don’t be condescending either. And as for grabbing their attention, yelling, cursing, using inappropriate humor, or brandishing a potentially offensive prop (say, autopsy photos) will only make the audience tune you out.

Creating an effective conclusion

Restate your main points, but don’t repeat them.

“I asked earlier why we should care about the rain forest. Now I hope it’s clear that . . .” “Remember how Mrs. Smith couldn’t afford her prescriptions? Under our plan, . . .”

Call to action

Speeches often close with an appeal to the audience to take action based on their new knowledge or understanding. If you do this, be sure the action you recommend is specific and realistic. For example, although your audience may not be able to affect foreign policy directly, they can vote or work for candidates whose foreign policy views they support. Relating the purpose of your speech to their lives not only creates a connection with your audience, but also reiterates the importance of your topic to them in particular or “the bigger picture.”

Practicing for effective presentation

Once you’ve completed a draft, read your speech to a friend or in front of a mirror. When you’ve finished reading, ask the following questions:

  • Which pieces of information are clearest?
  • Where did I connect with the audience?
  • Where might listeners lose the thread of my argument or description?
  • Where might listeners become bored?
  • Where did I have trouble speaking clearly and/or emphatically?
  • Did I stay within my time limit?

Other resources

  • Toastmasters International is a nonprofit group that provides communication and leadership training.
  • Allyn & Bacon Publishing’s Essence of Public Speaking Series is an extensive treatment of speech writing and delivery, including books on using humor, motivating your audience, word choice and presentation.

Works consulted

We consulted these works while writing this handout. This is not a comprehensive list of resources on the handout’s topic, and we encourage you to do your own research to find additional publications. Please do not use this list as a model for the format of your own reference list, as it may not match the citation style you are using. For guidance on formatting citations, please see the UNC Libraries citation tutorial . We revise these tips periodically and welcome feedback.

Boone, Louis E., David L. Kurtz, and Judy R. Block. 1997. Contemporary Business Communication . Upper Saddle River, NJ: Prentice Hall.

Ehrlich, Henry. 1994. Writing Effective Speeches . New York: Marlowe.

Lamb, Sandra E. 1998. How to Write It: A Complete Guide to Everything You’ll Ever Write . Berkeley: Ten Speed Press.

You may reproduce it for non-commercial use if you use the entire handout and attribute the source: The Writing Center, University of North Carolina at Chapel Hill

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Table of Contents

Fire's 25 faces of free speech.

Images of 25 people who FIRE has helped

For 25 years, FIRE has worked to keep the flame of First Amendment freedoms burning bright. Since our founding in 1999, we’ve managed to win pivotal victories, publish cutting-edge research, and educate countless Americans on their fundamental rights. And in recent years, we’ve protected these rights wherever they’re violated, both on campus and off. 

In celebration of how far we've come, we're shining a spotlight on 25 individuals who embody free speech values — even when the going gets tough. Their stories remind us that as often as speech comes under threat, it prevails because of the bravery of those who refuse to be silenced. We hope they inspire you, as they inspire us, to fight on. 

Interested in becoming part of a growing free speech movement? For $25, become a FIRE member and receive the FIRE Quarterly magazine in the mail.

Mary Hall-Rayford is a plaintiff in FIRE's lawsuit against Eastpointe Mayor Monique Owens

WATCH VIDEO: Mayor abuses her authority — then gets sued

Mary Hall-Rayford

Community leaders.

Public officials are tasked with responding to the needs of their constituents — but it’s tough to do that while shouting them down. Fortunately, after the mayor of Eastpointe, Michigan, repeatedly shushed members of her own community who criticized her during the public comment period of city council meetings, Eastpointe resident Mary Hall-Rayford held her accountable. 

Along with three other Eastpointe residents, Mary sued the city with FIRE — and achieved a resounding victory for free speech this year. Thanks to their efforts, city residents now know they can voice their concerns at city council meetings, even if that means criticizing elected officials. Giving Eastpointers another reason to celebrate, the city also established an annual First Amendment Day as a reminder of the continued importance of free expression. 

Mary’s courageous actions go to show that when our rights are violated, we don’t have to sit back and accept it. When public servants fail to uphold their duty, everyday citizens can perform the public service of fighting back.

Haskell Indian Nations University Student Journalist Jared Nally

WATCH VIDEO: Censored at Haskell Indian Nations University

Jared Nally

Brave students.

In 2020, Jared Nally was editor-in-chief of the student newspaper at Haskell Indian Nations University. When a campus community member died, Jared did his job by reaching out to local police seeking more information. 

This didn’t sit well with Haskell’s then-president, who forbade Jared from interviewing government officials and accused him of violating Haskell policy by failing to treat community members with the “highest respect.” Then, Haskell withheld more than $10,000 in funds from the student paper. 

With FIRE’s help, Jared sued Haskell and won. Less than a year later, the court mandated reforms that now protect the expressive rights of all Haskell students.

Emerson College student KJ Lynum

WATCH VIDEO: They criticized the Chinese government. Emerson College punished them.

Then a leader of Emerson College’s Turning Point USA chapter, KJ Lynum and fellow TPUSA members passed out stickers reading “China Kinda Sus” (slang for “suspicious”) on campus. The next thing she knew, Emerson’s president emailed the whole student body to denounce TPUSA for promoting “anti-Asian bigotry.” Then, Emerson suspended the student group.

“Being Singaporean-Chinese myself, to be called anti-Asian was very, very strange,” said KJ, recounting the event at a 2023 FIRE gala. 

Emerson held fast to its decision despite valiant efforts from KJ and FIRE, but KJ’s advocacy didn’t end there. In a FIRE ad campaign highlighting people who refused to cave to censorship, KJ made a negative example of Emerson and a powerful case for freedom of speech. “The whole point of attending college is to learn from one another,” she said. “When a school shuts down speech, the opportunity for growth is completely stripped away.”

Samson Cournane, the 15-year-old college student fighting a hospital over his free speech

WATCH VIDEO: Meet the kid a hospital is trying to silence

Samson Cournane

Samson Cournane isn’t your average 15-year-old. A computer science major at the University of Maine, he is also a fierce advocate for the causes he believes in. When Samson discovered troubling reports of patient safety issues at his local hospital, he started an online petition advocating for improvements and spoke out about the issue. For that, the hospital’s parent corporation tried to shut him up by threatening a bogus lawsuit — a classic example of a SLAPP, or strategic lawsuit against public participation. 

Some young people might be scared silent in this situation, but Samson knows that free speech principles and state law are on his side. “I have the right to stand up and speak my mind without being bullied into silence,” he said.

With FIRE, Samson is demanding the healthcare conglomerate retract its lawsuit threat. In doing so, he's sending a clear message to would-be censors everywhere: “Young people have free speech rights just like everyone else.”

Student Hayden Barnes

Hayden Barnes

Sometimes thin-skinned administrators can’t tolerate even the slightest criticism — or take a joke. Just ask Hayden Barnes, who was expelled from Valdosta State University in 2007 for posting a satirical collage on Facebook. 

The Georgia college student poked fun at Valdosta’s then-president Ronald Zaccari's pet project of constructing two parking garages on campus and criticized its potential environmental impact. The president then personally ordered Hayden removed from campus, claiming that his collage was evidence that Hayden presented a “clear and present danger” to VSU. With help from FIRE, the student fought back by filing a lawsuit against the university and its president. Finally, in 2015, the lawsuit concluded with a $900,000 settlement. 

“I know as a result of this case other students will have their constitutional rights respected,” Hayden said.

Northern Michigan University student Katerina Klawes

Katerina Klawes

When Katerina Klawes, a student at Northern Michigan University, sought counseling help in 2015, she received an email from an administrator warning her against discussing “suicidal or self-destructive thoughts” with other students. Later that year, another NMU student circulated a similar email on social media, and NMU admitted to sending up to 30 such emails per semester.

Instead of accepting these sweeping restrictions on expressive rights, Katerina started a change.org petition and reached out to FIRE, who warned NMU that imposing a gag order on discussing mental health challenges is not only dangerous for students — it’s unconstitutional. In 2016, thanks to Katerina’s courage and persistence, NMU finally announced that it would end its ban on discussing self-harm.

Sami Al-Asady

Sami Al-Asady

Sami Al-Asady knows firsthand the dangers of censorship: His father fled Iraq after his grandfather and uncle were killed for criticizing Saddam Hussein’s regime, and Sami’s mother narrowly escaped genocide in the Bosnian War. 

Sami wrote about these experiences in FIRE’s 2021 Free Speech Essay Contest for high schoolers, and won second place. Later, as a FIRE Campus Scholar, Sami hosted an event to promote civil discourse and highlight the importance of free speech in collective learning and academic freedom. Now a senior honors student at Arizona State University, he continues to be a leading young voice for free speech as an active member of the FIRE Student Network. 

Writer James Kirchick

WATCH VIDEO: The First Amendment created gay America

Jamie Kirchick

As a journalist, FIRE Fellow Jamie Kirchick knows that his work depends on the right to express himself freely. And he often exercises that right by exposing rights abuses and defending civil liberties.

His writing reveals a career-long interest in confronting abuses of power. His latest book, “Secret City: The Hidden History of Gay Washington,” chronicles the federal government’s ousting of gay men and women from government jobs during the Cold War, when fears of communism reached a fever pitch. When Jamie is not exposing the sordid history of censorship, he can be found arguing for abolishing campus speech codes or advocating lending an ear to those we find offensive.

“Without the ability to express ourselves, no other rights are possible," said Jamie in a conversation with FIRE. "So if you care about providing healthcare for all Americans, or if you care about racial justice, or if you care about LGBT rights — if you care about any issue — you can’t advocate for that unless you have freedom of expression.”

Photo of Emma Camp standing in FIRE's previous office

WATCH VIDEO: Why the First Amendment Matters

In 2022, former FIRE intern Emma Camp’s New York Times op-ed about the speech culture at the University of Virginia sparked heated debate. 

The piece detailed Emma's experience at UVA, which she said was characterized by “strict ideological conformity” instead of “intellectual diversity and rigorous disagreement.” 

For speaking up about the unfortunate state of discourse on campus, Emma faced widespread criticism, but she refused to self-censor. Today, as an assistant editor at Reason Magazine, Emma is a fierce advocate for free speech in law and culture, exposing issues like invasive social media age-verification laws and opaque college speech restrictions.

Mark Berkson

WATCH VIDEO: Courageous Hamline professor receives award for defending colleague fired for showing a picture of Muhammad during an art history class.

Mark Berkson

Outspoken educators.

When Hamline University professor Erika López Prater's contract was nonrenewed because she showed an image of the prophet Muhammad in an art history class, Mark Berkson felt compelled to speak up. 

Despite knowing that defending his colleague put him at odds with his employer, he publicly championed her right to teach challenging material and criticized university leadership for failing to respect that right. For his bravery, he earned FIRE’s first inaugural Berkson Courageous Colleague Award. 

“We live in a time when faculty can face the loss of jobs, condemnation by their supervisors and their students, and endure hits to their reputation with an impact on their careers just for teaching their subject matter,” Mark said in his acceptance speech. “Teachers from primary school to graduate schools must have courage in the face of threats from the state, university administrators, and elsewhere.”

Alice Dreger

Alice Dreger

Bioethics professor Alice Dreger was in the process of writing a book defending academic freedom for sex researchers when her own academic freedom came under threat. Northwestern University censored an article that had been published in an academic journal she edited — because it referenced a consensual blowjob that occurred in 1978. 

Alice went public with the story, but the dean refused to promise that the censorship wouldn't happen again. Unwilling to work under the watchful eye of the administration, she resigned. 

"Vague statements of commitment to the principle of academic freedom mean little when the institution’s apparent understanding of academic freedom in concrete circumstances means so little," she wrote the provost. 

Today, Alice continues to pursue her academic interests and champion free speech issues in higher ed, exhorting academics to defend the rights of even those with whom they deeply disagree.

John McWhorter

WATCH VIDEO: John McWhorter Uncensored

John McWhorter

Linguist, sociologist, and FIRE advisory council member John McWhorter believes in examining all sides of an issue — even when it's unpopular. 

Despite frequently fielding criticism for his unorthodox perspectives on race, cancel culture, and language, he continues to weigh in on controversial topics in his books, frequent podcast appearances, and weekly column for The New York Times, bringing thoughtful analysis to a broad public audience.

“If we’re talking about an issue that’s worth discussing, there are inevitably going to be several legitimate viewpoints that need to be assessed,” said John in an interview with FIRE. “If you want to get out of people everything that is useful to assessing an issue, you want people to feel free to express themselves.”

Nicholas Christakis

Nicholas Christakis

In 2015, Yale University professor Nicholas Christakis found himself at the center of an event that came to epitomize the problem of “safetyism” on U.S. college campuses.

A large group of students gathered to protest an email sent by Nicholas’ wife, then-Yale instructor Erika Christakis, who had questioned the necessity of an earlier message from the university’s Intercultural Affairs Committee instructing students not to wear culturally insensitive Halloween costumes. Though some students shouted at him, threatened him, and demanded an apology, Nicholas respectfully engaged with the crowd for two hours, attempting to respond to their concerns and to help them to understand the issues at stake.

“I stand behind free speech,” he told the crowd. “I defend the right for people to speak their minds.”

Since then, the professor has maintained his reputation as a staunch and articulate speech defender in his public commentary and as a member of FIRE's advisory council. And in 2023, he and Erika earned FIRE's first-ever Silverglate Award for their advocacy in the face of resistance on campus.

Carole Hooven

Carole Hooven

Harvard evolutionary biology lecturer Carole Hooven didn’t set out to cause controversy, but her research on hormones and behavior led her to conclusions on a third-rail topic that drove a wedge between her and her peers. 

After defending the use of the terms “male” and “female” in a public interview, Carole endured a media firestorm and backlash from students, professors, and administrators, some of whom publicly disparaged her for simply sharing her views. The professor defended herself, but the environment became so hostile, she ultimately resigned. 

Fortunately, her story doesn’t end there. In the wake of the controversy, faculty formed the Council on Academic Freedom at Harvard to further free inquiry and intellectual diversity on campus. As an active member of the now-more-than-170-member group, Carole is working toward a Harvard where faculty can fearlessly pursue  Veritas .

“If there is any silver lining to losing the career that I found so fulfilling,” she wrote in The Free Press, “perhaps it’s that my story will help explain the fear that stalks campuses, a fear that spreads every time someone is punished for their speech.”

Sam Rechek and Professor Adriana Novoa

WATCH VIDEO: Court stops 'dystopian' Stop WOKE Act. Now what?

Sam Rechek and Professor Adriana Novoa

Unsilenceable academics.

In 2022, Florida passed the “Stop WOKE” Act, which contained provisions that unconstitutionally restricted academic speech in the state’s public college classrooms. This didn’t sit right with student Sam Rechek and scholar Adriana Novoa. 

“I came to college to have real debates about issues that are important to me — not to have politicians decide which conversations are too controversial for class,” said Sam, who interned with FIRE in 2020 and founded the University of South Florida’s First Amendment Forum. 

Adriana Novoa, a professor of history at USF, grew up under a dictatorship in Argentina. “The government should not tell the people what they can talk and think about,” she said.

Sam and Adriana joined FIRE in a lawsuit challenging the Stop WOKE Act provisions that apply to higher ed. In November 2022, their efforts paid off when a federal judge halted enforcement of these provisions, calling them “positively dystopian.”

Bill Blanken

WATCH VIDEO: FIRE sues to halt California Community College DEI mandates

Bill Blanken

What’s the “anti-racist” perspective on the atomic mass of boron? As a professor of chemistry at Reedley College in California, Bill Blanken found himself asking this question after the California Community Colleges System required all professors to incorporate state-sanctioned views on diversity, equity, and inclusion in the classroom as part of its teaching and evaluation criteria for faculty advancement.

This means to be eligible for promotion or even just to keep their job professors like Bill must “acknowledge” that “cultural and social identities are diverse, fluid, and intersectional,” and “advocate for and advance DEI and anti-racist goals and initiatives” including “participating in DEI groups, committees, or community activities.”

Bill knew this wasn’t right. In fact, it’s illegal: the First Amendment protects the right of college faculty to teach and speak free from state interference. So he and five other professors are taking the community college system to court with FIRE. In doing so, they’re leading the charge to vindicate not only their own rights but the rights of thousands of California professors.

Priscilla Villarreal

Priscilla Villarreal

Fearless fact-finders.

Priscilla Villarreal started reporting the local news in Laredo, Texas in 2015, covering everything from traffic to the weather to crime and police corruption. Her direct, no-nonsense style — along with her nickname, “Lagordiloca,” or “the crazy fat woman” — resonated with her audience, who now number more than 200,000 on Facebook.

But many local officials weren’t fans. They didn’t like Priscilla’s criticism.

So in 2017 the Laredo Police Department dug up an old law — which made it a felony to request “non-public information” from a government official — and put Villarreal behind bars for asking a police officer to confirm information about two news stories. 

Still, Priscilla is sticking to her convictions. With the help of FIRE, she sued, and now she continues to battle for her First Amendment rights — and ours — by holding these officials accountable. Today, her case is awaiting possible review from the Supreme Court.

Jeff Gray

WATCH VIDEO: Hold a "God Bless the Homeless Vets" sign? Not in these Georgia cities.

FEARLESS FACT-FINDERS

Imagine being arrested for holding up a sign that says “God Bless the Homeless Vets.”

That’s what happened to Jeff Gray, a U.S. Army veteran and retired truck driver who faced consequences from law enforcement for doing this in public spaces in three Georgia cities. 

“I have been harassed, trespassed, handcuffed and arrested countless times for peacefully exercising my First Amendment rights,” said Jeff. “My intention is to ensure that all Americans from the wealthiest millionaire to the poorest homeless person can exercise these rights without fear of consequence from our government.”

With FIRE, Jeff’s doing just that, and together we won resounding victories for free speech. The City of Port Wentworth committed to training its officers on First Amendment rights and to donating a symbolic $1,791 — a nod to the year the First Amendment was ratified — to a charity for homeless veterans. And the city of Blackshear agreed to eliminate an unconstitutional ordinance that required the mayor’s permission to hold a demonstration.

A true free speech advocate, Jeff is committed to continuing to fight for the cause. “I won’t stop speaking out on behalf of myself and my fellow citizens,” he said.

Daryl Davis

WATCH VIDEO: Fighting the KKK with ROCK N' ROLL

Daryl Davis

Courageous creatives.

Without free speech, Daryl Davis couldn’t do what he does — and what he does is truly special.

Daryl performs music all over the world, but for nearly three decades he’s also been spearheading another project: Interviewing members of the Ku Klux Klan, neo-Nazis, and white supremacists. Why? Because he wanted to find an answer to a question that has been burning in his mind since first experiencing racism as a child: “How can you hate me when you don’t even know me?” 

Through those conversations, over many years, Daryl has not just interviewed these people, he has befriended them. More than that, he now owns more than 200 Klan robes and other paraphernalia — gifted to him by those who, because of their relationship with Daryl, renounced their hateful ideologies. If he had refused to engage, or if he had tried to silence them instead, they may never have changed their minds.

Virginia Postrel

Virginia Postrel

Virginia Postrel — described in Vanity Fair as “a master D.J. who sequences the latest riffs from the hard sciences, the social sciences, business, and technology, to name only a few sources” — is an author, columnist, and speaker, former Reason Magazine editor in chief, and a current member of FIRE’s board of directors.

With respect to free speech, Virginia is as ardent as they come, protecting the rights of everyone to speak their mind and advocating for a robust education on the principles of free speech in academia. For example, she has argued against so-called “free speech zones” on college campuses. “Education isn’t a matter of sitting students down and dumping pre-digested information into their heads,” she wrote in a column for Bloomberg View. “Higher education exists to advance and transmit knowledge, and learning requires disagreement and argument”

As a member of FIRE’s board of directors, Virginia is at the forefront of free speech advocacy — leading the charge toward fulfilling FIRE’s mission of fostering a culture of free speech and free expression for generations to come.

Isaac Smith and Mary Beth Tinker

Mary Beth Tinker

Ardent advocates.

Not everyone has a Supreme Court case on their resume, but Mary Beth Tinker does.

In 1965, a 13-year-old Mary Beth and four others wore black armbands to school, in memory of those who had fallen during the Vietnam War.

Administrators knew this was coming, and preemptively drafted a policy against wearing armbands in school. When the students refused to remove them, they were suspended. This led to the blockbuster Supreme Court decision in  Tinker v. Des Moines Independent Community School District that public school students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

These days, Mary Beth devotes her time to educating young people across the country about their rights — a project she calls The Tinker Tour.

"Now is an important moment in our history,” she says. “Students need to hear stories of other youth who, throughout history and today, have made a difference by bringing the Constitution to life.”

Will Creeley

WATCH VIDEO: If it's protected, we'll defend it. No apologies.

Will Creeley

If there was ever a free speech lifer, it would be FIRE Legal Director Will Creeley.

Whether he’s overseeing FIRE’s Litigation, Legislative and Policy, and Policy Reform, and Targeted Advocacy departments; doing spots on national television and radio on FIRE’s behalf; writing persuasive op-eds; delivering barnburner speeches at FIRE functions; or talking to thousands of students, faculty, administrators, and attorneys about First Amendment rights at events across the country — Will has been an unyielding force for free speech since he joined FIRE in 2006.

As affable as he is experienced, Will’s insight into First Amendment law is unmatched, and always delivered with a characteristic wit and charm.

Nadine Strossen

Nadine Strossen

If you know about free speech, you know about Nadine Strossen. As the past national president of the ACLU and the author of numerous books, including “HATE,” “In Defense of Pornography,” and “Free Speech: What Everyone Needs to Know,” Strossen is among the most in-demand experts on constitutional law and civil liberties. 

She travels across the country 200 days a year speaking to students, teachers, and others about the power and importance of a principled defense of free expression, and remains one of the most tireless advocates for the culture of free speech in this — or any — era.

Ira Glasser

WATCH VIDEO: Mighty Ira documentary trailer

Ira Glasser

"The battle for civil liberties is never really won; it must be fought anew in each generation," said Ira Glasser, former executive director of the ACLU and tireless advocate for free expression for more than five decades.

Ira played a major role in one of the most seminal cases in the ACLU’s history: defending the right of Nazis to march in Skokie, Illinois in 1977. The case put the ACLU’s principled defense of free speech on the map, and it became a benchmark for all First Amendment advocates and advocacy organizations that would follow, including FIRE.

An author, speaker, and subject of the 2020 documentary “Mighty Ira,” directed by FIRE’s own Nico Perrino, Ira continues to defend the principles of free expression, and he stands as an inspiration for a new generation of free speech advocates.

Bucknell Open Discourse Coalition leader Charles Mitchell

Charles Mitchell

Some college alums never look back after graduation. But Charles Mitchell’s dedication to improving his school extended beyond his time as a student. Charles took the reins of the Bucknell Open Discourse Coalition, an alumni group dedicated to bringing diverse viewpoints to campus. 

Under his leadership, the enterprising group helped raise Bucknell’s ranking in FIRE’s College Free Speech Rankings: It even managed to clinch the top spot among Pennsylvania colleges in 2023. The coalition continues to open up conversation at Bucknell by hosting speakers from across the political spectrum and spearheading pro-free speech programming for students. 

The coalition’s success is a hopeful sign that with enough cultivation from community members, a positive culture can grow even at a university with a spotty track-record on free speech.

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What is Free Indirect Discourse? || Definition & Examples

"what is free indirect discourse: a literary guide for english students and teachers.

View the full series: The Oregon State Guide to English Literary Terms

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What is Free Indirect Discourse - Transcript (English & Spanish Subtitles Available in Video, Click HERE for Spanish Transcript)

By Raymond Malewitz , Oregon State University Associate Professor of American Literature

1 June 2020

Seeing the world as another person sees it can be surprising, confusing, and delightful.  It can also show us the limitations in our own worldview, which may differ in substantial ways from our world as it really is. This is one of the reasons that we read fiction: stories offer us the opportunity to not only travel to different worlds and different time periods but also to inhabit different worldviews.

The easiest way to convey a character’s worldview is directly, through a first-person perspective.  This is a common point of view in which a character in the story also serves as its narrator.  First-person narrators are described in our “ What is a Narrator? ” and “ What is an Unreliable Narrator? ” videos, and both lessons give you a good sense of the differences between how these narrators see the world and how the world often is. If you haven’t seen these videos, you may want to check them out before we get into today’s lesson on free indirect discourse.

A second way to deliver a character’s worldview is indirectly from a third-person perspective. In this point-of-view , the narrator may choose to describe the thoughts of a given character from an outside perspective.  In the following passage from Flannery O’Connor’s short story “A Good Man is Hard to Find,” we get an indirect sense of the grandmother’s worldview as she prepares for an ill-fated family car trip to Florida:

free_indirect_discourse_oconnor.jpg

Free Indiret Discourse O'Connor

"The next morning the grandmother was the first one in the car; ready to go.  She had her big black valise[…]in one corner, and underneath it she was hiding a basket with Pitty Sing, the cat, in it. She didn’t intend for the cat to be left alone in the house for three days because he would miss her too much and she was afraid he might brush up against one of the gas burners and accidentally asphyxiate himself."

From this passage, you can get a sense of what the grandmother cares about (her cat) and how she values herself (her cat loves her). But you don’t really see her worldview in the same way that you see the worldview of a first-person narrator; instead, you have that worldview described for you by an intermediary: the third-person narrator.

Today, I want to talk to you about a fascinating point-of-view that blends first and third person perspectives: free indirect discourse.  In this point of view, a third-person narrator stops describing the worldview of a given character—telling us what he or she thinks—and instead presents that worldview as if it were the narrator’s.  As I like to think of it, free indirect discourse describes moments in a third-person narrative when the narrator becomes infected by the perspective of one of its characters. Here’s one example.  In John Steinbeck’s novella “The Red Pony,” the third chapter begins with the following description:

"In a mid-afternoon of spring, the little boy Jody walked martially along the brush-lined road toward his home ranch. Banging his knee against the golden lard bucket he used for school lunch, he contrived a good bass drum, while his tongue fluttered sharply against the teeth to fill in snare drums and occasional trumpets. Some time back the other members of the squad that walked so smartly from the school had turned into the various little canyons and taken the wagon roads to their own home ranches. Now Jody marched seemingly alone, with high lifted knees and pounding feet; but behind him there was a phantom army with great flags and swords, silent but deadly."

This passage starts in a traditional third-person way, in which an outside narrator describes the actions of a character—Jody. But the last line of this passage does something different.  Instead of describing to us what Jody is imagining—that he pretends he is marching in front of a “phantom army”—the narrator presents that army as if it were actually there—“silent, but deadly.” In other words, at this moment, we’re not seeing the world of a third-person narrator; we’re seeing the delightfully boyish worldview of Jody.

free_indirect_discourse_steinbeck.jpg

Free Indirect Discourse Steinbeck

Free indirect discourse has been an important feature of Western narratives for over a hundred years, but spotting it is not always easy.  Consider this example: the opening to Joyce Carol Oates’ short story “Where Are You Going, Where Have You Been?”, which introduces us to a teenage girl named Connie.  See if you can spot the moments where the third person perspective becomes infected with her worldview and becomes free indirect discourse:

"Her name was Connie.  She was fifteen and she had a quick, nervous giggling habit of craning her neck to glance into mirrors or checking other people’s faces to make sure her own was all right. Her mother, who noticed everything and knew everything and hadn’t much reason any longer to look at her own face, always scolded Connie about it. “Stop gawking at yourself. Who are you? You think you’re so pretty” she would say. Connie would raise her eyebrows at these familiar old complaints and look right through her mother, into a shadowy vision of herself as she was right at the moment: she knew she was pretty and that was everything. Her mother had been pretty once too, if you could believe those old snapshots in the album, but now her looks were gone and that was why she was always after Connie."

This is, to say the least, a very strange narrative perspective.  The third-person narrator seems to think Connie’s mother “notices everything” and “knew everything”—but that’s, of course, impossible! The narrator also has a strange familiarity with the family’s photograph album and seems absolutely obsessed with beauty.  These strange details are signs that Oates has written this passage in free indirect discourse.  The narrator isn’t describing Connie’s worldview from an outsider’s perspective; she’s inhabiting Connie’s worldview.

free_indirect_discourse_oates.jpg

Free Indirect Discourse Oates

If this were a conventional third-person point of view, we’d get some division between the narrator and Connie, which might look something like this: “Connie thought she was pretty and she believed that was the most important thing she could be.”  But instead, with free indirect discourse, we see the world as Connie sees it, even from the third-person perspective: “She knew she was pretty and that was everything.”

So why would you want to identify this strange point-of-view while you are reading?  One reason is simply to know what the author is doing to provoke certain responses from readers.  When we read Jody’s and Connie’s stories, we’re immediately drawn to these characters, and we feel what they feel in large part because we are momentarily seeing the world as they are seeing it.

Another reason I like to identify free indirect discourse in stories is that this narrative mode, like first-person narration, is often ironic , introducing us to moments when the world and a given character’s worldview are at odds with one another.  These moments are fruitful places to analyze in your literary essays.  Let me leave you with one example from Toni Morrison’s novel Beloved that I hope you’ll explore on your own.

The vast majority of Beloved is told from a third-person point of view that will frequently drop into free indirect discourse to convey the worldview of the novel’s protagonist, Sethe, as she struggles with the aftereffects of her enslavement.  In chapter 16 of that novel, however, everything changes, and we drop into free indirect discourse of a very different kind—the worldview of a brutal owner of enslaved people whom the novel calls “Schoolteacher.” Inhabiting this worldview, seeing how that worldview dehumanizes the person whom we are closest to in this story, and having the central event of the novel described from this monstrous person’s perspective, produces a complex ironic reaction in readers that goes to the very heart of this incredibly important novel.

Want to cite this?

MLA Citation: Malewitz, Raymond. "What is Free Indirect Discourse?" Oregon State Guide to English Literary Terms, 1 Jun. 2020, Oregon State University, https://liberalarts.oregonstate.edu/wlf/what-free-indirect-discourse. Accessed [insert date].

Further Resources for Teachers

Our " What is Point of View " video offers another example of free indirect discourse in John Larison's discussion of "close third-person." Other examples suitable for high school instruction might be Leila Aboulela's short story "The Museum," Kate Chopin's very short story "The Story of an Hour," and William Faulkner's "Barn Burning." More advanced students can find F.I.D. being used in a manner similar to Morrison's Beloved at a few crucial moments in Colson Whitehead's novel Underground Railroad . Like Oates's and Morrison's stories, these other stories' complex ironies can be partially unpacked by attending to the free indirect discourse through which they are told.

Writing prompt: Identify moments of free indirect discourse in Kate Chopin's "The Story of an Hour" (or any of the other examples mentioned above). How do these moments shed light on the central conflict of the story?

Interested in more video lessons? View the full series:

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How to write a speech that your audience remembers

Confident-woman-giving-a-conference-with-a-digital-presentation-how-to-give-a-speech

Whether in a work meeting or at an investor panel, you might give a speech at some point. And no matter how excited you are about the opportunity, the experience can be nerve-wracking . 

But feeling butterflies doesn’t mean you can’t give a great speech. With the proper preparation and a clear outline, apprehensive public speakers and natural wordsmiths alike can write and present a compelling message. Here’s how to write a good speech you’ll be proud to deliver.

What is good speech writing?

Good speech writing is the art of crafting words and ideas into a compelling, coherent, and memorable message that resonates with the audience. Here are some key elements of great speech writing:

  • It begins with clearly understanding the speech's purpose and the audience it seeks to engage. 
  • A well-written speech clearly conveys its central message, ensuring that the audience understands and retains the key points. 
  • It is structured thoughtfully, with a captivating opening, a well-organized body, and a conclusion that reinforces the main message. 
  • Good speech writing embraces the power of engaging content, weaving in stories, examples, and relatable anecdotes to connect with the audience on both intellectual and emotional levels. 

Ultimately, it is the combination of these elements, along with the authenticity and delivery of the speaker , that transforms words on a page into a powerful and impactful spoken narrative.

What makes a good speech?

A great speech includes several key qualities, but three fundamental elements make a speech truly effective:

Clarity and purpose

Remembering the audience, cohesive structure.

While other important factors make a speech a home run, these three elements are essential for writing an effective speech.

The main elements of a good speech

The main elements of a speech typically include:

  • Introduction: The introduction sets the stage for your speech and grabs the audience's attention. It should include a hook or attention-grabbing opening, introduce the topic, and provide an overview of what will be covered.
  • Opening/captivating statement: This is a strong statement that immediately engages the audience and creates curiosity about the speech topics.
  • Thesis statement/central idea: The thesis statement or central idea is a concise statement that summarizes the main point or argument of your speech. It serves as a roadmap for the audience to understand what your speech is about.
  • Body: The body of the speech is where you elaborate on your main points or arguments. Each point is typically supported by evidence, examples, statistics, or anecdotes. The body should be organized logically and coherently, with smooth transitions between the main points.
  • Supporting evidence: This includes facts, data, research findings, expert opinions, or personal stories that support and strengthen your main points. Well-chosen and credible evidence enhances the persuasive power of your speech.
  • Transitions: Transitions are phrases or statements that connect different parts of your speech, guiding the audience from one idea to the next. Effective transitions signal the shifts in topics or ideas and help maintain a smooth flow throughout the speech.
  • Counterarguments and rebuttals (if applicable): If your speech involves addressing opposing viewpoints or counterarguments, you should acknowledge and address them. Presenting counterarguments makes your speech more persuasive and demonstrates critical thinking.
  • Conclusion: The conclusion is the final part of your speech and should bring your message to a satisfying close. Summarize your main points, restate your thesis statement, and leave the audience with a memorable closing thought or call to action.
  • Closing statement: This is the final statement that leaves a lasting impression and reinforces the main message of your speech. It can be a call to action, a thought-provoking question, a powerful quote, or a memorable anecdote.
  • Delivery and presentation: How you deliver your speech is also an essential element to consider. Pay attention to your tone, body language, eye contact , voice modulation, and timing. Practice and rehearse your speech, and try using the 7-38-55 rule to ensure confident and effective delivery.

While the order and emphasis of these elements may vary depending on the type of speech and audience, these elements provide a framework for organizing and delivering a successful speech.

Man-holding-microphone-at-panel-while-talking--how-to-give-a-speech

How to structure a good speech

You know what message you want to transmit, who you’re delivering it to, and even how you want to say it. But you need to know how to start, develop, and close a speech before writing it. 

Think of a speech like an essay. It should have an introduction, conclusion, and body sections in between. This places ideas in a logical order that the audience can better understand and follow them. Learning how to make a speech with an outline gives your storytelling the scaffolding it needs to get its point across.

Here’s a general speech structure to guide your writing process:

  • Explanation 1
  • Explanation 2
  • Explanation 3

How to write a compelling speech opener

Some research shows that engaged audiences pay attention for only 15 to 20 minutes at a time. Other estimates are even lower, citing that people stop listening intently in fewer than 10 minutes . If you make a good first impression at the beginning of your speech, you have a better chance of interesting your audience through the middle when attention spans fade. 

Implementing the INTRO model can help grab and keep your audience’s attention as soon as you start speaking. This acronym stands for interest, need, timing, roadmap, and objectives, and it represents the key points you should hit in an opening. 

Here’s what to include for each of these points: 

  • Interest : Introduce yourself or your topic concisely and speak with confidence . Write a compelling opening statement using relevant data or an anecdote that the audience can relate to.
  • Needs : The audience is listening to you because they have something to learn. If you’re pitching a new app idea to a panel of investors, those potential partners want to discover more about your product and what they can earn from it. Read the room and gently remind them of the purpose of your speech. 
  • Timing : When appropriate, let your audience know how long you’ll speak. This lets listeners set expectations and keep tabs on their own attention span. If a weary audience member knows you’ll talk for 40 minutes, they can better manage their energy as that time goes on. 
  • Routemap : Give a brief overview of the three main points you’ll cover in your speech. If an audience member’s attention starts to drop off and they miss a few sentences, they can more easily get their bearings if they know the general outline of the presentation.
  • Objectives : Tell the audience what you hope to achieve, encouraging them to listen to the end for the payout. 

Writing the middle of a speech

The body of your speech is the most information-dense section. Facts, visual aids, PowerPoints — all this information meets an audience with a waning attention span. Sticking to the speech structure gives your message focus and keeps you from going off track, making everything you say as useful as possible.

Limit the middle of your speech to three points, and support them with no more than three explanations. Following this model organizes your thoughts and prevents you from offering more information than the audience can retain. 

Using this section of the speech to make your presentation interactive can add interest and engage your audience. Try including a video or demonstration to break the monotony. A quick poll or survey also keeps the audience on their toes. 

Wrapping the speech up

To you, restating your points at the end can feel repetitive and dull. You’ve practiced countless times and heard it all before. But repetition aids memory and learning , helping your audience retain what you’ve told them. Use your speech’s conclusion to summarize the main points with a few short sentences.

Try to end on a memorable note, like posing a motivational quote or a thoughtful question the audience can contemplate once they leave. In proposal or pitch-style speeches, consider landing on a call to action (CTA) that invites your audience to take the next step.

People-clapping-after-coworker-gave-a-speech-how-to-give-a-speech

How to write a good speech

If public speaking gives you the jitters, you’re not alone. Roughly 80% of the population feels nervous before giving a speech, and another 10% percent experiences intense anxiety and sometimes even panic. 

The fear of failure can cause procrastination and can cause you to put off your speechwriting process until the last minute. Finding the right words takes time and preparation, and if you’re already feeling nervous, starting from a blank page might seem even harder.

But putting in the effort despite your stress is worth it. Presenting a speech you worked hard on fosters authenticity and connects you to the subject matter, which can help your audience understand your points better. Human connection is all about honesty and vulnerability, and if you want to connect to the people you’re speaking to, they should see that in you.

1. Identify your objectives and target audience

Before diving into the writing process, find healthy coping strategies to help you stop worrying . Then you can define your speech’s purpose, think about your target audience, and start identifying your objectives. Here are some questions to ask yourself and ground your thinking : 

  • What purpose do I want my speech to achieve? 
  • What would it mean to me if I achieved the speech’s purpose?
  • What audience am I writing for? 
  • What do I know about my audience? 
  • What values do I want to transmit? 
  • If the audience remembers one take-home message, what should it be? 
  • What do I want my audience to feel, think, or do after I finish speaking? 
  • What parts of my message could be confusing and require further explanation?

2. Know your audience

Understanding your audience is crucial for tailoring your speech effectively. Consider the demographics of your audience, their interests, and their expectations. For instance, if you're addressing a group of healthcare professionals, you'll want to use medical terminology and data that resonate with them. Conversely, if your audience is a group of young students, you'd adjust your content to be more relatable to their experiences and interests. 

3. Choose a clear message

Your message should be the central idea that you want your audience to take away from your speech. Let's say you're giving a speech on climate change. Your clear message might be something like, "Individual actions can make a significant impact on mitigating climate change." Throughout your speech, all your points and examples should support this central message, reinforcing it for your audience.

4. Structure your speech

Organizing your speech properly keeps your audience engaged and helps them follow your ideas. The introduction should grab your audience's attention and introduce the topic. For example, if you're discussing space exploration, you could start with a fascinating fact about a recent space mission. In the body, you'd present your main points logically, such as the history of space exploration, its scientific significance, and future prospects. Finally, in the conclusion, you'd summarize your key points and reiterate the importance of space exploration in advancing human knowledge.

5. Use engaging content for clarity

Engaging content includes stories, anecdotes, statistics, and examples that illustrate your main points. For instance, if you're giving a speech about the importance of reading, you might share a personal story about how a particular book changed your perspective. You could also include statistics on the benefits of reading, such as improved cognitive abilities and empathy.

6. Maintain clarity and simplicity

It's essential to communicate your ideas clearly. Avoid using overly technical jargon or complex language that might confuse your audience. For example, if you're discussing a medical breakthrough with a non-medical audience, explain complex terms in simple, understandable language.

7. Practice and rehearse

Practice is key to delivering a great speech. Rehearse multiple times to refine your delivery, timing, and tone. Consider using a mirror or recording yourself to observe your body language and gestures. For instance, if you're giving a motivational speech, practice your gestures and expressions to convey enthusiasm and confidence.

8. Consider nonverbal communication

Your body language, tone of voice, and gestures should align with your message . If you're delivering a speech on leadership, maintain strong eye contact to convey authority and connection with your audience. A steady pace and varied tone can also enhance your speech's impact.

9. Engage your audience

Engaging your audience keeps them interested and attentive. Encourage interaction by asking thought-provoking questions or sharing relatable anecdotes. If you're giving a speech on teamwork, ask the audience to recall a time when teamwork led to a successful outcome, fostering engagement and connection.

10. Prepare for Q&A

Anticipate potential questions or objections your audience might have and prepare concise, well-informed responses. If you're delivering a speech on a controversial topic, such as healthcare reform, be ready to address common concerns, like the impact on healthcare costs or access to services, during the Q&A session.

By following these steps and incorporating examples that align with your specific speech topic and purpose, you can craft and deliver a compelling and impactful speech that resonates with your audience.

Woman-at-home-doing-research-in-her-laptop-how-to-give-a-speech

Tools for writing a great speech

There are several helpful tools available for speechwriting, both technological and communication-related. Here are a few examples:

  • Word processing software: Tools like Microsoft Word, Google Docs, or other word processors provide a user-friendly environment for writing and editing speeches. They offer features like spell-checking, grammar correction, formatting options, and easy revision tracking.
  • Presentation software: Software such as Microsoft PowerPoint or Google Slides is useful when creating visual aids to accompany your speech. These tools allow you to create engaging slideshows with text, images, charts, and videos to enhance your presentation.
  • Speechwriting Templates: Online platforms or software offer pre-designed templates specifically for speechwriting. These templates provide guidance on structuring your speech and may include prompts for different sections like introductions, main points, and conclusions.
  • Rhetorical devices and figures of speech: Rhetorical tools such as metaphors, similes, alliteration, and parallelism can add impact and persuasion to your speech. Resources like books, websites, or academic papers detailing various rhetorical devices can help you incorporate them effectively.
  • Speechwriting apps: Mobile apps designed specifically for speechwriting can be helpful in organizing your thoughts, creating outlines, and composing a speech. These apps often provide features like voice recording, note-taking, and virtual prompts to keep you on track.
  • Grammar and style checkers: Online tools or plugins like Grammarly or Hemingway Editor help improve the clarity and readability of your speech by checking for grammar, spelling, and style errors. They provide suggestions for sentence structure, word choice, and overall tone.
  • Thesaurus and dictionary: Online or offline resources such as thesauruses and dictionaries help expand your vocabulary and find alternative words or phrases to express your ideas more effectively. They can also clarify meanings or provide context for unfamiliar terms.
  • Online speechwriting communities: Joining online forums or communities focused on speechwriting can be beneficial for getting feedback, sharing ideas, and learning from experienced speechwriters. It's an opportunity to connect with like-minded individuals and improve your public speaking skills through collaboration.

Remember, while these tools can assist in the speechwriting process, it's essential to use them thoughtfully and adapt them to your specific needs and style. The most important aspect of speechwriting remains the creativity, authenticity, and connection with your audience that you bring to your speech.

Man-holding-microphone-while-speaking-in-public-how-to-give-a-speech

5 tips for writing a speech

Behind every great speech is an excellent idea and a speaker who refined it. But a successful speech is about more than the initial words on the page, and there are a few more things you can do to help it land.

Here are five more tips for writing and practicing your speech:

1. Structure first, write second

If you start the writing process before organizing your thoughts, you may have to re-order, cut, and scrap the sentences you worked hard on. Save yourself some time by using a speech structure, like the one above, to order your talking points first. This can also help you identify unclear points or moments that disrupt your flow.

2. Do your homework

Data strengthens your argument with a scientific edge. Research your topic with an eye for attention-grabbing statistics, or look for findings you can use to support each point. If you’re pitching a product or service, pull information from company metrics that demonstrate past or potential successes. 

Audience members will likely have questions, so learn all talking points inside and out. If you tell investors that your product will provide 12% returns, for example, come prepared with projections that support that statement.

3. Sound like yourself

Memorable speakers have distinct voices. Think of Martin Luther King Jr’s urgent, inspiring timbre or Oprah’s empathetic, personal tone . Establish your voice — one that aligns with your personality and values — and stick with it. If you’re a motivational speaker, keep your tone upbeat to inspire your audience . If you’re the CEO of a startup, try sounding assured but approachable. 

4. Practice

As you practice a speech, you become more confident , gain a better handle on the material, and learn the outline so well that unexpected questions are less likely to trip you up. Practice in front of a colleague or friend for honest feedback about what you could change, and speak in front of the mirror to tweak your nonverbal communication and body language .

5. Remember to breathe

When you’re stressed, you breathe more rapidly . It can be challenging to talk normally when you can’t regulate your breath. Before your presentation, try some mindful breathing exercises so that when the day comes, you already have strategies that will calm you down and remain present . This can also help you control your voice and avoid speaking too quickly.

How to ghostwrite a great speech for someone else

Ghostwriting a speech requires a unique set of skills, as you're essentially writing a piece that will be delivered by someone else. Here are some tips on how to effectively ghostwrite a speech:

  • Understand the speaker's voice and style : Begin by thoroughly understanding the speaker's personality, speaking style, and preferences. This includes their tone, humor, and any personal anecdotes they may want to include.
  • Interview the speaker : Have a detailed conversation with the speaker to gather information about their speech's purpose, target audience, key messages, and any specific points they want to emphasize. Ask for personal stories or examples they may want to include.
  • Research thoroughly : Research the topic to ensure you have a strong foundation of knowledge. This helps you craft a well-informed and credible speech.
  • Create an outline : Develop a clear outline that includes the introduction, main points, supporting evidence, and a conclusion. Share this outline with the speaker for their input and approval.
  • Write in the speaker's voice : While crafting the speech, maintain the speaker's voice and style. Use language and phrasing that feel natural to them. If they have a particular way of expressing ideas, incorporate that into the speech.
  • Craft a captivating opening : Begin the speech with a compelling opening that grabs the audience's attention. This could be a relevant quote, an interesting fact, a personal anecdote, or a thought-provoking question.
  • Organize content logically : Ensure the speech flows logically, with each point building on the previous one. Use transitions to guide the audience from one idea to the next smoothly.
  • Incorporate engaging stories and examples : Include anecdotes, stories, and real-life examples that illustrate key points and make the speech relatable and memorable.
  • Edit and revise : Edit the speech carefully for clarity, grammar, and coherence. Ensure the speech is the right length and aligns with the speaker's time constraints.
  • Seek feedback : Share drafts of the speech with the speaker for their feedback and revisions. They may have specific changes or additions they'd like to make.
  • Practice delivery : If possible, work with the speaker on their delivery. Practice the speech together, allowing the speaker to become familiar with the content and your writing style.
  • Maintain confidentiality : As a ghostwriter, it's essential to respect the confidentiality and anonymity of the work. Do not disclose that you wrote the speech unless you have the speaker's permission to do so.
  • Be flexible : Be open to making changes and revisions as per the speaker's preferences. Your goal is to make them look good and effectively convey their message.
  • Meet deadlines : Stick to agreed-upon deadlines for drafts and revisions. Punctuality and reliability are essential in ghostwriting.
  • Provide support : Support the speaker during their preparation and rehearsal process. This can include helping with cue cards, speech notes, or any other materials they need.

Remember that successful ghostwriting is about capturing the essence of the speaker while delivering a well-structured and engaging speech. Collaboration, communication, and adaptability are key to achieving this.

Give your best speech yet

Learn how to make a speech that’ll hold an audience’s attention by structuring your thoughts and practicing frequently. Put the effort into writing and preparing your content, and aim to improve your breathing, eye contact , and body language as you practice. The more you work on your speech, the more confident you’ll become.

The energy you invest in writing an effective speech will help your audience remember and connect to every concept. Remember: some life-changing philosophies have come from good speeches, so give your words a chance to resonate with others. You might even change their thinking.

Boost your speech skills

Enhance your public speaking with personalized coaching tailored to your needs

Elizabeth Perry, ACC

Elizabeth Perry is a Coach Community Manager at BetterUp. She uses strategic engagement strategies to cultivate a learning community across a global network of Coaches through in-person and virtual experiences, technology-enabled platforms, and strategic coaching industry partnerships. With over 3 years of coaching experience and a certification in transformative leadership and life coaching from Sofia University, Elizabeth leverages transpersonal psychology expertise to help coaches and clients gain awareness of their behavioral and thought patterns, discover their purpose and passions, and elevate their potential. She is a lifelong student of psychology, personal growth, and human potential as well as an ICF-certified ACC transpersonal life and leadership Coach.

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PEN America

Campus Free Speech

Free speech has become a flashpoint for controversy on campuses across the U.S. In today’s debate over free speech on campus, our philosophy is guided by the 1948 PEN Charter to stand for the “unhampered transmission of thought,” to “oppose any form of suppression of freedom of expression,” and to “dispel race, class, and national hatreds.” We believe that for a campus to be open to all ideas, it must be genuinely open to all people, including those from less traditional backgrounds and those from previously excluded groups. In our trainings for university faculty and staff, and in our advocacy for free speech and academic freedom, we encourage campuses to robustly defend free speech and open inquiry at the same time that they advance principles of diversity and inclusion and address lingering legacies of discrimination.

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HAPPENING NOW: RISING ANTI-MUSLIM AND ANTI-ARAB INCIDENTS ON COLLEGE CAMPUSES

In the last month a wave of anti-Muslim, anti-Arab, and anti-Palestinian incidents have occurred on college campuses in conjunction with the ongoing Israel-Hamas war, including violent attacks, threats, and targeted, hateful and menacing rhetoric. Assertive campus leadership is imperative to nurturing a learning environment where all feel welcomed and fully free to participate in the exchange of ideas and opinions, without fear.

READ PEN’S ACTION ITEMS

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HAPPENING NOW: RISING ANTISEMITISM ON COLLEGE CAMPUSES

A wave of antisemitic rhetoric, harassment, threats, vandalism and violence has rocked campuses across the U.S. as the Israel-Hamas war escalates. Amid an increasingly menacing climate, campus leaders have an obligation to be responsive to threats, intimidation, and students’ encounters with overt antisemitism and discrimination, and to ensure that they address students’ concerns through approaches that adhere to laws and campus policies protecting academic freedom and free speech. 

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WHAT ARE THE PEN PRINCIPLES OF CAMPUS FREE SPEECH!?

The PEN America Principles on Campus Free Speech provide both general and specific precepts for nurturing campus communities that uphold the values of free speech, open inquiry, and robust inclusion. They offer a flexible, adaptive model for colleges and universities seeking to protect speech to the utmost while allowing for academic and social discourse that is truly inclusive and transcends boundaries.

READ THE PEN PRINCIPLES OF CAMPUS FREE SPEECH

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WHAT IS THE PEN AMERICA CAMPUS FREE SPEECH GUIDE?

The PEN America Campus Free Speech Guide offers practical, principled advice on free speech and inclusion on U.S. college campuses. The Guide contains advice for responding to speech-related controversies as well as guidance for proactive steps to avert such controversies and promote free speech and inclusion. The Guide reflects our efforts to uphold and advance the principles of free speech and inclusion in tandem, recognizing that college campuses are foundational to the future of civic life and often the catalyst for wider social change.

READ THE CAMPUS FREE SPEECH GUIDE

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BRING US TO YOUR CAMPUS

PEN America partners with schools, colleges, and professional organizations to facilitate workshops, convenings, advisory meetings, public events, and educational programs. We tailor these engagements to the needs and interests of particular educational communities and audiences. Trainings are based on the PEN America Principles on Campus Free Speech.

CAMPUS FOR ALL TRAININGS

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FREEDOM TO LEARN OP-ED SERIES

Amid an unparalleled wave of attacks on academic freedom and public education nationwide – including the introduction of nearly 200 educational gag orders and the adoption of gag order policies in 19 states – PEN America, in partnership with the Washington Post’ s Made by History section, launched the Freedom to Learn op-ed series. Made by History is an independent editorial section of the Post featuring content from academic historians on current events. Edited and published by the Made by History editorial team and sponsored by PEN America, the Freedom to Learn series provides historical context for the current assault on public education in the United States and elsewhere.

READ THE PERSPECTIVES

Chasm in the Classroom: Campus Free Speech in a Divided America

Chasm in the Classroom: Campus Free Speech in a Divided America

And Campus for All: Diversity, Inclusion, and Freedom of Speech at U.S. Universities

And Campus for All: Diversity, Inclusion, and Freedom of Speech at U.S. Universities

Wrong Answer: How Good Faith Attempts to Address Free Speech and Anti-Semitism on Campus Could Backfire

Wrong Answer: How Good Faith Attempts to Address Free Speech and Anti-Semitism on Campus Could Backfire

Disproportionate Use of Force Against Peaceful Student Protesters in Florida Cannot Stand, Coalition Says

Disproportionate Use of Force Against Peaceful Student Protesters in Florida Cannot Stand, Coalition Says

PEN America Signs Onto ACLS Statement on Campus Protests

PEN America Signs Onto ACLS Statement on Campus Protests

Proposed university of north carolina policy change would chill campus speech, says pen america, pen america signs onto historical association statement voicing concern over use of force against campus protesters, free speech organizations criticize florida colleges and universities’ response to student protests, do you need help with advocacy on your campus.

If you are a student, teacher, professor, or administrator who is having issues with free speech on your campus, PEN America has tools and resources to help. If you are in need of free speech advocacy, reach out to PEN America at [email protected] .

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Next Gen PEN America

Next Gen PEN America

Speech to Text - Voice Typing & Transcription

Take notes with your voice for free, or automatically transcribe audio & video recordings. secure, accurate & blazing fast..

~ Proudly serving millions of users since 2015 ~

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Dictate Notes

Start taking notes, on our online voice-enabled notepad right away, for free.

Transcribe Recordings

Automatically transcribe (as well as summarize & translate) audios & videos. Upload files from your device or link to an online resource (Drive, YouTube, TikTok or other). Export to text, docx, video subtitles & more.

Speechnotes is a reliable and secure web-based speech-to-text tool that enables you to quickly and accurately transcribe your audio and video recordings, as well as dictate your notes instead of typing, saving you time and effort. With features like voice commands for punctuation and formatting, automatic capitalization, and easy import/export options, Speechnotes provides an efficient and user-friendly dictation and transcription experience. Proudly serving millions of users since 2015, Speechnotes is the go-to tool for anyone who needs fast, accurate & private transcription. Our Portfolio of Complementary Speech-To-Text Tools Includes:

Voice typing - Chrome extension

Dictate instead of typing on any form & text-box across the web. Including on Gmail, and more.

Transcription API & webhooks

Speechnotes' API enables you to send us files via standard POST requests, and get the transcription results sent directly to your server.

Zapier integration

Combine the power of automatic transcriptions with Zapier's automatic processes. Serverless & codeless automation! Connect with your CRM, phone calls, Docs, email & more.

Android Speechnotes app

Speechnotes' notepad for Android, for notes taking on your mobile, battle tested with more than 5Million downloads. Rated 4.3+ ⭐

iOS TextHear app

TextHear for iOS, works great on iPhones, iPads & Macs. Designed specifically to help people with hearing impairment participate in conversations. Please note, this is a sister app - so it has its own pricing plan.

Audio & video converting tools

Tools developed for fast - batch conversions of audio files from one type to another and extracting audio only from videos for minimizing uploads.

Our Sister Apps for Text-To-Speech & Live Captioning

Complementary to Speechnotes

Reads out loud texts, files & web pages

Reads out loud texts, PDFs, e-books & websites for free

Speechlogger

Live Captioning & Translation

Live captions & translations for online meetings, webinars, and conferences.

Need Human Transcription? We Can Offer a 10% Discount Coupon

We do not provide human transcription services ourselves, but, we partnered with a UK company that does. Learn more on human transcription and the 10% discount .

Dictation Notepad

Start taking notes with your voice for free

Speech to Text online notepad. Professional, accurate & free speech recognizing text editor. Distraction-free, fast, easy to use web app for dictation & typing.

Speechnotes is a powerful speech-enabled online notepad, designed to empower your ideas by implementing a clean & efficient design, so you can focus on your thoughts. We strive to provide the best online dictation tool by engaging cutting-edge speech-recognition technology for the most accurate results technology can achieve today, together with incorporating built-in tools (automatic or manual) to increase users' efficiency, productivity and comfort. Works entirely online in your Chrome browser. No download, no install and even no registration needed, so you can start working right away.

Speechnotes is especially designed to provide you a distraction-free environment. Every note, starts with a new clear white paper, so to stimulate your mind with a clean fresh start. All other elements but the text itself are out of sight by fading out, so you can concentrate on the most important part - your own creativity. In addition to that, speaking instead of typing, enables you to think and speak it out fluently, uninterrupted, which again encourages creative, clear thinking. Fonts and colors all over the app were designed to be sharp and have excellent legibility characteristics.

Example use cases

  • Voice typing
  • Writing notes, thoughts
  • Medical forms - dictate
  • Transcribers (listen and dictate)

Transcription Service

Start transcribing

Fast turnaround - results within minutes. Includes timestamps, auto punctuation and subtitles at unbeatable price. Protects your privacy: no human in the loop, and (unlike many other vendors) we do NOT keep your audio. Pay per use, no recurring payments. Upload your files or transcribe directly from Google Drive, YouTube or any other online source. Simple. No download or install. Just send us the file and get the results in minutes.

  • Transcribe interviews
  • Captions for Youtubes & movies
  • Auto-transcribe phone calls or voice messages
  • Students - transcribe lectures
  • Podcasters - enlarge your audience by turning your podcasts into textual content
  • Text-index entire audio archives

Key Advantages

Speechnotes is powered by the leading most accurate speech recognition AI engines by Google & Microsoft. We always check - and make sure we still use the best. Accuracy in English is very good and can easily reach 95% accuracy for good quality dictation or recording.

Lightweight & fast

Both Speechnotes dictation & transcription are lightweight-online no install, work out of the box anywhere you are. Dictation works in real time. Transcription will get you results in a matter of minutes.

Super Private & Secure!

Super private - no human handles, sees or listens to your recordings! In addition, we take great measures to protect your privacy. For example, for transcribing your recordings - we pay Google's speech to text engines extra - just so they do not keep your audio for their own research purposes.

Health advantages

Typing may result in different types of Computer Related Repetitive Strain Injuries (RSI). Voice typing is one of the main recommended ways to minimize these risks, as it enables you to sit back comfortably, freeing your arms, hands, shoulders and back altogether.

Saves you time

Need to transcribe a recording? If it's an hour long, transcribing it yourself will take you about 6! hours of work. If you send it to a transcriber - you will get it back in days! Upload it to Speechnotes - it will take you less than a minute, and you will get the results in about 20 minutes to your email.

Saves you money

Speechnotes dictation notepad is completely free - with ads - or a small fee to get it ad-free. Speechnotes transcription is only $0.1/minute, which is X10 times cheaper than a human transcriber! We offer the best deal on the market - whether it's the free dictation notepad ot the pay-as-you-go transcription service.

Dictation - Free

  • Online dictation notepad
  • Voice typing Chrome extension

Dictation - Premium

  • Premium online dictation notepad
  • Premium voice typing Chrome extension
  • Support from the development team

Transcription

$0.1 /minute.

  • Pay as you go - no subscription
  • Audio & video recordings
  • Speaker diarization in English
  • Generate captions .srt files
  • REST API, webhooks & Zapier integration

Compare plans

Dictation FreeDictation PremiumTranscription
Unlimited dictation
Online notepad
Voice typing extension
Editing
Ads free
Transcribe recordings
Transcribe Youtubes
API & webhooks
Zapier
Export to captions
Extra security
Support from the development team

Privacy Policy

We at Speechnotes, Speechlogger, TextHear, Speechkeys value your privacy, and that's why we do not store anything you say or type or in fact any other data about you - unless it is solely needed for the purpose of your operation. We don't share it with 3rd parties, other than Google / Microsoft for the speech-to-text engine.

Privacy - how are the recordings and results handled?

- transcription service.

Our transcription service is probably the most private and secure transcription service available.

  • HIPAA compliant.
  • No human in the loop. No passing your recording between PCs, emails, employees, etc.
  • Secure encrypted communications (https) with and between our servers.
  • Recordings are automatically deleted from our servers as soon as the transcription is done.
  • Our contract with Google / Microsoft (our speech engines providers) prohibits them from keeping any audio or results.
  • Transcription results are securely kept on our secure database. Only you have access to them - only if you sign in (or provide your secret credentials through the API)
  • You may choose to delete the transcription results - once you do - no copy remains on our servers.

- Dictation notepad & extension

For dictation, the recording & recognition - is delegated to and done by the browser (Chrome / Edge) or operating system (Android). So, we never even have access to the recorded audio, and Edge's / Chrome's / Android's (depending the one you use) privacy policy apply here.

The results of the dictation are saved locally on your machine - via the browser's / app's local storage. It never gets to our servers. So, as long as your device is private - your notes are private.

Payments method privacy

The whole payments process is delegated to PayPal / Stripe / Google Pay / Play Store / App Store and secured by these providers. We never receive any of your credit card information.

More generic notes regarding our site, cookies, analytics, ads, etc.

  • We may use Google Analytics on our site - which is a generic tool to track usage statistics.
  • We use cookies - which means we save data on your browser to send to our servers when needed. This is used for instance to sign you in, and then keep you signed in.
  • For the dictation tool - we use your browser's local storage to store your notes, so you can access them later.
  • Non premium dictation tool serves ads by Google. Users may opt out of personalized advertising by visiting Ads Settings . Alternatively, users can opt out of a third-party vendor's use of cookies for personalized advertising by visiting https://youradchoices.com/
  • In case you would like to upload files to Google Drive directly from Speechnotes - we'll ask for your permission to do so. We will use that permission for that purpose only - syncing your speech-notes to your Google Drive, per your request.

Writing Tools

General Writing

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Creative Writing

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  • AI Story Generator

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Speech Generator

Equip yourself with hix.ai's speech generator, for crafting persuasive, engaging speeches tailored to your specific needs..

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Simple Guide to Use HIX.AI's Speech Generator

Get persuasive speeches within minutes with HIX.AI's speech generator. Here are 5 easy steps to follow:

  • 1. Head to the HIX.AI's speech generator page, and input your central theme or main idea, into the 'Speech Topic' box.
  • 2. Set the 'Word Count' to ensure your speech meets your desired duration and context.
  • 3. Customize the 'Target Audience' and 'Tone of Voice' options to suit your audience and event.
  • 4. Select your preferred 'Language', hit 'Generate', and get ready to receive a persuasive speech crafted for your needs.

Try Our Powerful, All-in-One AI Writing Copilot

Try Our Powerful, All-in-One AI Writing Copilot

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Empower your writing with 120+ AI writing tools

Bypass AI detection with 100% undetectable AI content

Create undetectable, plagiarism-free essays with accurate citations

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The all-in-one ChatGPT copilot: rewrite, translate, summarize, Chat with PDF anywhere

Master the Art of Oratory with HIX.AI's Speech Generator

Dive into the world of oratory with HIX.AI's speech generator. This cutting-edge tool, powered by artificial intelligence, crafts compelling speeches that resonate with audiences, ensuring your message is heard, understood, and remembered.

It can serve as a game-changer for a wide spectrum of users:

Public Speakers, Politicians, and Community Leaders: HIX.AI's speech generator serves as your digital speechwriter, helping to create powerful orations that engage audiences and incite action. Your vision, mission, or call to action is crafted into a compelling narrative.

Business Professionals: Enhance your presentations and pitches with speeches that command attention. HIX.AI's speech generator can help articulate your strategies, proposals, or reports into digestible and persuasive speeches that echo in the boardroom.

Educators and Students: HIX.AI's speech generator offers an innovative educational resource. It assists in crafting engaging lectures and presentations, or even helping students prepare for a debate or a speech delivery as part of their curriculum.

Event Hosts: From weddings to corporate events, HIX.AI's speech generator is your secret weapon for unforgettable speeches. It helps craft the perfect words to captivate your audience, making your event a memorable occasion.

Efficient Utilization of HIX.AI's Speech Generator: Key Considerations

When using HIX.AI's speech generator to create persuasive and engaging speeches, there are several key elements to keep in mind. Paying attention to these can help ensure your speech resonates with your audience and effectively communicates your message.

Here are some important factors to keep in mind:

Appreciate Your Audience: The first step to a successful speech is understanding your audience. Consider their demographic, cultural background, and interests. This allows you to personalize your speech content, tone, and language to better connect with your listeners and enhance their engagement.

Maintain Optimal Speech Length: A well-balanced speech length is crucial. It should be adequately long to encompass all your key points, but not overly extended to risk losing the audience's interest. HIX.AI’s speech generator can assist you in managing the perfect speech length according to your specified word count.

Adhere to the Central Topic: Stay focused on your main topic to keep your speech coherent and compelling. Meandering off-topic can confuse your audience and weaken the impact of your message. HIX.AI’s speech generator can help you stay on track by generating content based on your specific inputs.

Infuse Your Personal Touches: Lastly, don't forget to add your personal flair. While the AI does the heavy lifting, sprinkling your unique insights, experiences, or speaking style can add a layer of authenticity, making your speech more relatable and memorable.

Expanding Capabilities with HIX.AI's Speech Generator

👥 Audience targetedSpeeches tailored to your crowd
⌛ Ideal durationPerfectly balanced speech length
🎯 Focused topicConsistent, clear messaging throughout
🌐 Multilingual supportCraft speeches in 30+ languages
📚 Vast vocabularyRich, engaging use of language

Venture Beyond with More AI Tools Like Speech Generator

Hix summarizer, funeral speech generator, story summarizer, article summarizer, 1. in what ways can hix.ai's speech generator elevate the quality of my speech content.

Leveraging AI technology, HIX.AI's speech generator takes into account your input, utilizes persuasive strategies, and adjusts the tone to deliver stirring speeches that connect and resonate with your audience.

2. Is having an account a prerequisite for using HIX.AI's Speech Generator?

While not a requirement, having an account allows you to generate up to 3,000 words every week. For those in need of more extensive content, subscription plans to offer additional word credits are available.

3. Can HIX.AI's Speech Generator tailor speeches to fit specific events or occasions?

Yes, indeed. Our speech generator can produce speeches apt for a wide range of events or occasions. To obtain the best results, we advise users to supply detailed, event-specific prompts when using the tool.

4. Does the HIX.AI Speech Generator support languages other than English?

Definitely. HIX.AI's speech generator caters to over 30 languages, complete with localized vocabulary and expressions, ensuring the authenticity of your speech and its resonance with varied audiences.

Try Our Powerful, All-in-one AI Writing Copilot Today!

Try Our Powerful, All-in-one AI Writing Copilot Today!

Enhance your writing process with HIX.AI. Whether you're crafting fact-based articles, humanizing AI text, or rewriting, summarizing, and translating your content, HIX.AI provides the tools you need.

Text to speech

Create lifelike voiceovers to suit any video with the ai text to speech generator..

An image of the text to speech generator open in Clipchamp.

Professional voiceover features

Diverse array of realistic voices.

Choose from hundreds of natural sounding voices in neutral, feminine, and masculine tones, multilingual, and AI generated sounds. 

Extensive variety of languages

Select from over 80 different languages like Spanish, Japanese, Hindi, Italian, Arabic, German, French, and many more .

Personalize the pitch and pace

Customize the pitch of your AI voice from extra low, low, medium, high, and extra high. The AI text to speech generator allows you to choose from 0.5x speed to 2x speed for free.

How to use text to speech in Clipchamp

Click on the text to speech generator

Pick a language, voice, pitch and pace

Enter your text to generate a preview

Save to the editing timeline

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Ideal for creators

Capture attention faster on social media  

Make YouTube tutorial videos easy to follow  

Create funny gaming highlights with AI voiceovers  

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Perfect for businesses

Create consistent corporate presentation videos  

Reimagine culture videos with AI narration  

Refine training videos and screen recordings   

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Excellent for online learning

Make inclusive and accessible videos with voiceovers 

Create informative lesson plan highlights  

Drive more engaging virtual learning content  

An image of a presentation with a voiceover.

Voiceover writing tips 

Unlock AI text to speech's full potential and produce natural sounding voiceovers for your videos by adjusting the pace and intonation of your narration. 

Full stops add a moderate pause to your text to speech. 

Commas add a short pause to your text to speech. 

Ellipses (“ …”) add a long pause in your voiceover.  

Question marks change the intonation of your voiceover.  

Exclamation marks and typing in all caps don't change the delivery of your text to speech. 

An image of the voiceover text.

Need more help creating AI voiceovers for videos?

Head over to our helpful text to speech guide and take a look at the video tutorial for more AI voiceover tips and tricks. 

An image of the text to speech audio.

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Frequently asked questions , is the text to speech generator free in clipchamp.

Yes. Clipchamp is an easy online video editor that lets you turn your text into a realistic AI voiceover for free. 

What languages is the AI voiceover generator available in?

The AI text to speech generator is available in the following languages : Arabic, Albanian, Armenian, Azerbaijani, Afrikaans, Amharic, Bulgarian, Burmese, Basque, Bosnian, Bengali, Bangla, Catalan, Chinese, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, Filipino, Finnish, Persian, German, Georgian, Greek, Gujarati, Galician, Hebrew, Hindi, Hungarian, Indonesian, Icelandic, Irish, Italian, Japanese, Javanese, Kazakh, Khmer, Kannada, Korean, Lao, Latvian, Lithuanian, Malay, Maltese, Marathi, Mongolian, Malayalam, Macedonian, Norwegian Bokmal, Nepali, Polish, Pashto, Portuguese, Romanian, Russian, Sinhala, Slovak, Slovenian, Somali, Spanish, Serbian, Sundanese, Swahili, Swedish, Tamil, Telugu, Thai, Turkish, Ukrainian, Urdu, Uzbek, Vietnamese, Welsh, and Zulu. 

Text to speech isn’t pronouncing a word correctly. Can this be fixed?

Yes. Text to speech pronunciation can be adjusted with intentional misspelling words (spelling a word as it sounds). For numbers, try writing them out in full, for example, 1998 becomes “nineteen ninety-eight”. 

Can I adjust the volume of a free Ai voiceover?

Yes. The AI text to speech generator lets you adjust the volume using the audio tab on the property panel. Easily move the volume slider to the left to decrease the volume or slide to the right to increase the voiceover volume .  

Turn your text into a voiceover today

writing and free speech

Best free text-to-speech software of 2024

Find the best free text-to-speech software for free text to voice conversion

  • Best overall
  • Best custom voice
  • Best for beginners
  • Best Microsoft extension
  • Best website reader
  • How we test

The best free text-to-speech software makes it simple and easy to improve accessibility and productivity in your workflows.

Someone using dictation s on a laptop.

1. Best overall 2. Best custom voice 3. Best for beginners 4. Best Microsoft extension 5. Best website reader 6. FAQs 7. How we test

In the digital era, the need for effective communication tools has led to a surge in the popularity of text-to-speech (TTS) software, and finding the best free text-to-speech software is essential for a variety of users, regardless of budget constraints. 

Text-to-speech software skillfully converts written text into spoken words using advanced technology, though often without grasping the context of the content. The best text-to-speech software not only accomplishes this task but also offers a selection of natural-sounding voices, catering to different preferences and project needs.

This technology is invaluable for creating accessible content, enhancing workplace productivity, adding voice-overs to videos, or simply assisting in proofreading by vocalizing written work. While many of today’s best free word processors , such as Google Docs, include basic TTS features that are accurate and continually improving, they may not meet all needs.

Stand-alone, app-based TTS tools, which should not be confused with the best speech-to-text apps , often have limitations compared to more comprehensive, free text-to-speech software. For instance, some might not allow the downloading of audio files, a feature crucial for creating content for platforms like YouTube and social media.

In our quest to identify the best free text-to-speech software, we have meticulously tested various options, assessing them based on user experience, performance, and output quality. Our guide aims to help you find the right text-to-speech tool, whatever your specific needs might be.

The best free text-to-speech software of 2024 in full:

Why you can trust TechRadar We spend hours testing every product or service we review, so you can be sure you’re buying the best. Find out more about how we test.

The best free text-to-speech software overall

Website screenshot for Natural Reader.

1. Natural Reader

Our expert review:

Reasons to buy

Reasons to avoid.

Natural Reader offers one of the best free text-to-speech software experiences, thanks to an easy-going interface and stellar results. It even features online and desktop versions. 

You'll find plenty of user options and customizations. The first is to load documents into its library and have them read aloud from there. This is a neat way to manage multiple files, and the number of supported file types is impressive, including eBook formats. There's also OCR, which enables you to load up a photo or scan of text, and have it spoken to you.

The second option takes the form of a floating toolbar. In this mode, you can highlight text in any application and use the toolbar controls to start and customize text-to-speech. This means you can very easily use the feature in your web browser, word processor and a range of other programs. There's also a browser extension to convert web content to speech more easily.

The TTS tool is available free, with three additional upgrades with more advanced features for power-users and professionals.

Read our full Natural Reader review .

  • ^ Back to the top

The best free custom-voice text-to-speech software

Website screenshot for Balabolka.

2. Balabolka

There are a couple of ways to use Balabolka's top free text-to-speech software. You can either copy and paste text into the program, or you can open a number of supported file formats (including DOC, PDF, and HTML) in the program directly. 

In terms of output, you can use SAPI 4 complete with eight different voices to choose from, SAPI 5 with two, or the Microsoft Speech Platform. Whichever route you choose, you can adjust the speech, pitch and volume of playback to create a custom voice.

In addition to reading words aloud, this free text-to-speech software can also save narrations as audio files in a range of formats including MP3 and WAV. For lengthy documents, you can create bookmarks to make it easy to jump back to a specific location and there are excellent tools on hand to help you to customize the pronunciation of words to your liking.

With all these features to make life easier when reading text on a screen isn't an option, Balabolka is the best free text-to-speech software around.

For more help using Balabolka, see out guide on how to convert text to speech using this free software.

The best free text-to-speech software for beginners

Website screenshot for Panopreter.

3. Panopreter Basic

Panopreter Basic is the best free text-to-speech software if you’re looking for something simple, streamlined, no-frills, and hassle-free. 

It accepts plain and rich text files, web pages and Microsoft Word documents as input, and exports the resulting sound in both WAV and MP3 format (the two files are saved in the same location, with the same name).

The default settings work well for quick tasks, but spend a little time exploring Panopreter Basic's Settings menu and you'll find options to change the language, destination of saved audio files, and set custom interface colors. The software can even play a piece of music once it's finished reading – a nice touch you won't find in other free text-to-speech software.

If you need something more advanced, a premium version of Panopreter is available. This edition offers several additional features including toolbars for Microsoft Word and Internet Explorer , the ability to highlight the section of text currently being read, and extra voices.

The best free text-to-speech extension of Microsoft Word

Website screenshot for WordTalk.

4. WordTalk

Developed by the University of Edinburgh, WordTalk is a toolbar add-on for Word that brings customizable text-to-speech to Microsoft Word. It works with all editions of Word and is accessible via the toolbar or ribbon, depending on which version you're using.

The toolbar itself is certainly not the most attractive you'll ever see, appearing to have been designed by a child. Nor are all of the buttons' functions very clear, but thankfully there's a help file on hand to help.

There's no getting away from the fact that WordTalk is fairly basic, but it does support SAPI 4 and SAPI 5 voices, and these can be tweaked to your liking. The ability to just read aloud individual words, sentences or paragraphs is a particularly nice touch. You also have the option of saving narrations, and there are a number of keyboard shortcuts that allow for quick and easy access to frequently used options.

The best free text-to-speech software for websites

Website screenshot for Zabaware.

5. Zabaware Text-to-Speech Reader

Despite its basic looks, Zabaware Text-to-Speech Reader has more to offer than you might first think. You can open numerous file formats directly in the program, or just copy and paste text.

Alternatively, as long as you have the program running and the relevant option enables, Zabaware Text-to-Speech Reader can read aloud any text you copy to the clipboard – great if you want to convert words from websites to speech – as well as dialog boxes that pop up. One of the best free text-to-speech software right now, this can also convert text files to WAV format.

Unfortunately the selection of voices is limited, and the only settings you can customize are volume and speed unless you burrow deep into settings to fiddle with pronunciations. Additional voices are available for an additional fee which seems rather steep, holding it back from a higher place in our list.

The best free text-to-speech software: FAQs

What are the limitations of free tts software.

As you might expect, some free versions of TTS software do come with certain limitations. These include the amount of choices you get for the different amount of voices in some case. For instance, Zabaware gives you two for free, but you have to pay if you want more. 

However, the best free software on this list come with all the bells and whistles that will be more than enough for the average user.

What is SAPI?

SAPI stands for Speech Application Programming Interface. It was developed by Microsoft to generate synthetic speech to allow computer programs to read aloud text. First used in its own applications such as Office, it is also employed by third party TTS software such as those featured in this list. 

In the context of TTS software, there are more SAPI 4 voices to choose from, whereas SAPI 5 voices are generally of a higher quality. 

Should I output files to MP3 or WAV?

Many free TTS programs give you the option to download an audio file of the speech to save and transfer to different devices.

MP3 is the most common audio format, and compatible with pretty much any modern device capable of playing back audio. The WAV format is also highly compatible too.

The main difference between the two is quality. WAV files are uncompressed, meaning fidelity is preserved as best as possible, at the cost of being considerably larger in size than MP3 files, which do compress.

Ultimately, however, MP3 files with a bit rate of 256 kbps and above should more than suffice, and you'll struggle to tell the difference when it comes to speech audio between them and WAV files.

How to choose the best free text-to-speech software

When selecting the best free text-to-speech software is best for you depends on a range of factors (not to mention personal preference).

Despite how simple the concept of text-to-speech is, there are many different features and aspects to such apps to take into consideration. These include how many voice options and customizations are present, how and where they operate in your setup, what formats they are able to read aloud from and what formats the audio can be saved as.

With free versions, naturally you'll want to take into account how many advanced features you get without paying, and whether any sacrifices are made to performance or usability. 

Always try to keep in mind what is fair and reasonable for free services - and as we've shown with our number one choice, you can get plenty of features for free, so if other options seem bare in comparison, then you'll know you can do better.

How we test the best free text-to-speech software

Our testing process for the best free text-to-speech software is thorough, examining all of their respective features and trying to throw every conceivable syllable at them to see how they perform.

We also want to test the accessibility features of these tools to see how they work for every kind of user out there. We have highlighted, for instance, whether certain software offer dyslexic-friendly fonts, such as the number two on our list, Natural Reader.

We also bear in mind that these are free versions, so where possible we compare and contrast their feature sets with paid-for rivals.

Finally, we look at how well TTS tools meet the needs of their intended users - whether it's designed for personal use or professional deployment. 

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Daryl had been freelancing for 3 years before joining TechRadar, now reporting on everything software-related. In his spare time, he's written a book, ' The Making of Tomb Raider '. His second book, ' 50 Years of Boss Fights ', came out in June 2024, and has a newsletter, ' Springboard '. He's usually found playing games old and new on his Steam Deck and MacBook Pro. If you have a story about an updated app, one that's about to launch, or just anything Software-related, drop him a line.

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writing and free speech

writing and free speech

McKinsey Technology Trends Outlook 2023

After a tumultuous 2022 for technology investment and talent, the first half of 2023 has seen a resurgence of enthusiasm about technology’s potential to catalyze progress in business and society. Generative AI deserves much of the credit for ushering in this revival, but it stands as just one of many advances on the horizon that could drive sustainable, inclusive growth and solve complex global challenges.

To help executives track the latest developments, the McKinsey Technology Council  has once again identified and interpreted the most significant technology trends unfolding today. While many trends are in the early stages of adoption and scale, executives can use this research to plan ahead by developing an understanding of potential use cases and pinpointing the critical skills needed as they hire or upskill talent to bring these opportunities to fruition.

Our analysis examines quantitative measures of interest, innovation, and investment to gauge the momentum of each trend. Recognizing the long-term nature and interdependence of these trends, we also delve into underlying technologies, uncertainties, and questions surrounding each trend. This year, we added an important new dimension for analysis—talent. We provide data on talent supply-and-demand dynamics for the roles of most relevance to each trend. (For more, please see the sidebar, “Research methodology.”)

New and notable

All of last year’s 14 trends remain on our list, though some experienced accelerating momentum and investment, while others saw a downshift. One new trend, generative AI, made a loud entrance and has already shown potential for transformative business impact.

Research methodology

To assess the development of each technology trend, our team collected data on five tangible measures of activity: search engine queries, news publications, patents, research publications, and investment. For each measure, we used a defined set of data sources to find occurrences of keywords associated with each of the 15 trends, screened those occurrences for valid mentions of activity, and indexed the resulting numbers of mentions on a 0–1 scoring scale that is relative to the trends studied. The innovation score combines the patents and research scores; the interest score combines the news and search scores. (While we recognize that an interest score can be inflated by deliberate efforts to stimulate news and search activity, we believe that each score fairly reflects the extent of discussion and debate about a given trend.) Investment measures the flows of funding from the capital markets into companies linked with the trend. Data sources for the scores include the following:

  • Patents. Data on patent filings are sourced from Google Patents.
  • Research. Data on research publications are sourced from the Lens (www.lens.org).
  • News. Data on news publications are sourced from Factiva.
  • Searches. Data on search engine queries are sourced from Google Trends.
  • Investment. Data on private-market and public-market capital raises are sourced from PitchBook.
  • Talent demand. Number of job postings is sourced from McKinsey’s proprietary Organizational Data Platform, which stores licensed, de-identified data on professional profiles and job postings. Data is drawn primarily from English-speaking countries.

In addition, we updated the selection and definition of trends from last year’s study to reflect the evolution of technology trends:

  • The generative-AI trend was added since last year’s study.
  • We adjusted the definitions of electrification and renewables (previously called future of clean energy) and climate technologies beyond electrification and renewables (previously called future of sustainable consumption).
  • Data sources were updated. This year, we included only closed deals in PitchBook data, which revised downward the investment numbers for 2018–22. For future of space technologies investments, we used research from McKinsey’s Aerospace & Defense Practice.

This new entrant represents the next frontier of AI. Building upon existing technologies such as applied AI and industrializing machine learning, generative AI has high potential and applicability across most industries. Interest in the topic (as gauged by news and internet searches) increased threefold from 2021 to 2022. As we recently wrote, generative AI and other foundational models  change the AI game by taking assistive technology to a new level, reducing application development time, and bringing powerful capabilities to nontechnical users. Generative AI is poised to add as much as $4.4 trillion in economic value from a combination of specific use cases and more diffuse uses—such as assisting with email drafts—that increase productivity. Still, while generative AI can unlock significant value, firms should not underestimate the economic significance and the growth potential that underlying AI technologies and industrializing machine learning can bring to various industries.

Investment in most tech trends tightened year over year, but the potential for future growth remains high, as further indicated by the recent rebound in tech valuations. Indeed, absolute investments remained strong in 2022, at more than $1 trillion combined, indicating great faith in the value potential of these trends. Trust architectures and digital identity grew the most out of last year’s 14 trends, increasing by nearly 50 percent as security, privacy, and resilience become increasingly critical across industries. Investment in other trends—such as applied AI, advanced connectivity, and cloud and edge computing—declined, but that is likely due, at least in part, to their maturity. More mature technologies can be more sensitive to short-term budget dynamics than more nascent technologies with longer investment time horizons, such as climate and mobility technologies. Also, as some technologies become more profitable, they can often scale further with lower marginal investment. Given that these technologies have applications in most industries, we have little doubt that mainstream adoption will continue to grow.

Organizations shouldn’t focus too heavily on the trends that are garnering the most attention. By focusing on only the most hyped trends, they may miss out on the significant value potential of other technologies and hinder the chance for purposeful capability building. Instead, companies seeking longer-term growth should focus on a portfolio-oriented investment across the tech trends most important to their business. Technologies such as cloud and edge computing and the future of bioengineering have shown steady increases in innovation and continue to have expanded use cases across industries. In fact, more than 400 edge use cases across various industries have been identified, and edge computing is projected to win double-digit growth globally over the next five years. Additionally, nascent technologies, such as quantum, continue to evolve and show significant potential for value creation. Our updated analysis for 2023 shows that the four industries likely to see the earliest economic impact from quantum computing—automotive, chemicals, financial services, and life sciences—stand to potentially gain up to $1.3 trillion in value by 2035. By carefully assessing the evolving landscape and considering a balanced approach, businesses can capitalize on both established and emerging technologies to propel innovation and achieve sustainable growth.

Tech talent dynamics

We can’t overstate the importance of talent as a key source in developing a competitive edge. A lack of talent is a top issue constraining growth. There’s a wide gap between the demand for people with the skills needed to capture value from the tech trends and available talent: our survey of 3.5 million job postings in these tech trends found that many of the skills in greatest demand have less than half as many qualified practitioners per posting as the global average. Companies should be on top of the talent market, ready to respond to notable shifts and to deliver a strong value proposition to the technologists they hope to hire and retain. For instance, recent layoffs in the tech sector may present a silver lining for other industries that have struggled to win the attention of attractive candidates and retain senior tech talent. In addition, some of these technologies will accelerate the pace of workforce transformation. In the coming decade, 20 to 30 percent of the time that workers spend on the job could be transformed by automation technologies, leading to significant shifts in the skills required to be successful. And companies should continue to look at how they can adjust roles or upskill individuals to meet their tailored job requirements. Job postings in fields related to tech trends grew at a very healthy 15 percent between 2021 and 2022, even though global job postings overall decreased by 13 percent. Applied AI and next-generation software development together posted nearly one million jobs between 2018 and 2022. Next-generation software development saw the most significant growth in number of jobs (exhibit).

Job posting for fields related to tech trends grew by 400,000 between 2021 and 2022, with generative AI growing the fastest.

Image description:

Small multiples of 15 slope charts show the number of job postings in different fields related to tech trends from 2021 to 2022. Overall growth of all fields combined was about 400,000 jobs, with applied AI having the most job postings in 2022 and experiencing a 6% increase from 2021. Next-generation software development had the second-highest number of job postings in 2022 and had 29% growth from 2021. Other categories shown, from most job postings to least in 2022, are as follows: cloud and edge computing, trust architecture and digital identity, future of mobility, electrification and renewables, climate tech beyond electrification and renewables, advanced connectivity, immersive-reality technologies, industrializing machine learning, Web3, future of bioengineering, future of space technologies, generative AI, and quantum technologies.

End of image description.

This bright outlook for practitioners in most fields highlights the challenge facing employers who are struggling to find enough talent to keep up with their demands. The shortage of qualified talent has been a persistent limiting factor in the growth of many high-tech fields, including AI, quantum technologies, space technologies, and electrification and renewables. The talent crunch is particularly pronounced for trends such as cloud computing and industrializing machine learning, which are required across most industries. It’s also a major challenge in areas that employ highly specialized professionals, such as the future of mobility and quantum computing (see interactive).

Michael Chui is a McKinsey Global Institute partner in McKinsey’s Bay Area office, where Mena Issler is an associate partner, Roger Roberts  is a partner, and Lareina Yee  is a senior partner.

The authors wish to thank the following McKinsey colleagues for their contributions to this research: Bharat Bahl, Soumya Banerjee, Arjita Bhan, Tanmay Bhatnagar, Jim Boehm, Andreas Breiter, Tom Brennan, Ryan Brukardt, Kevin Buehler, Zina Cole, Santiago Comella-Dorda, Brian Constantine, Daniela Cuneo, Wendy Cyffka, Chris Daehnick, Ian De Bode, Andrea Del Miglio, Jonathan DePrizio, Ivan Dyakonov, Torgyn Erland, Robin Giesbrecht, Carlo Giovine, Liz Grennan, Ferry Grijpink, Harsh Gupta, Martin Harrysson, David Harvey, Kersten Heineke, Matt Higginson, Alharith Hussin, Tore Johnston, Philipp Kampshoff, Hamza Khan, Nayur Khan, Naomi Kim, Jesse Klempner, Kelly Kochanski, Matej Macak, Stephanie Madner, Aishwarya Mohapatra, Timo Möller, Matt Mrozek, Evan Nazareth, Peter Noteboom, Anna Orthofer, Katherine Ottenbreit, Eric Parsonnet, Mark Patel, Bruce Philp, Fabian Queder, Robin Riedel, Tanya Rodchenko, Lucy Shenton, Henning Soller, Naveen Srikakulam, Shivam Srivastava, Bhargs Srivathsan, Erika Stanzl, Brooke Stokes, Malin Strandell-Jansson, Daniel Wallance, Allen Weinberg, Olivia White, Martin Wrulich, Perez Yeptho, Matija Zesko, Felix Ziegler, and Delphine Zurkiya.

They also wish to thank the external members of the McKinsey Technology Council.

This interactive was designed, developed, and edited by McKinsey Global Publishing’s Nayomi Chibana, Victor Cuevas, Richard Johnson, Stephanie Jones, Stephen Landau, LaShon Malone, Kanika Punwani, Katie Shearer, Rick Tetzeli, Sneha Vats, and Jessica Wang.

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VIDEO

  1. Leadership for Society: Free Speech: Where’s the line, Who’s to Say?

COMMENTS

  1. Freedom of Speech

    Freedom of speech—the right to express opinions without government restraint—is a democratic ideal that dates back to ancient Greece. In the United States, the First Amendment guarantees free ...

  2. freedom of speech

    Freedom of speech is the right to speak, write, and share ideas and opinions without facing punishment from the government. The First Amendment protects this right by prohibiting Congress from making laws that would curtail freedom of speech.. Even though freedom of speech is protected from infringement by the government, the government is still free to restrict speech in certain circumstances.

  3. Freedom of speech

    the right to receive information and ideas; the right to impart information and ideas. International, regional and national standards also recognise that freedom of speech, as the freedom of expression, includes any medium, whether orally, in writing, in print, through the internet or art forms.

  4. Free Speech

    The fight for freedom of speech has been a bedrock of the ACLU's mission since the organization was founded in 1920, driven by the need to protect the constitutional rights of conscientious objectors and anti-war protesters. The organization's work quickly spread to combating censorship, securing the right to assembly, and promoting free ...

  5. Freedom of speech

    Freedom of speech, right, as stated in the 1st and 14th Amendments to the Constitution of the United States, to express information, ideas, and opinions free of government restrictions based on content. Many cases involving freedom of speech and of the press have concerned defamation, obscenity, and prior restraint.

  6. What Does Free Speech Mean?

    Freedom of speech includes the right: Not to speak (specifically, the right not to salute the flag). West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943). Of students to wear black armbands to school to protest a war ("Students do not shed their constitutional rights at the schoolhouse gate."). Tinker v.

  7. Why Is Freedom of Speech an Important Right? When, if Ever, Can It Be

    Next, read these excerpts from three recent articles about free speech cases that might affect your life: In a September 2017 article, " High Schools Threaten to Punish Students Who Kneel During ...

  8. The Ongoing Challenge to Define Free Speech

    The Ongoing Challenge to Define Free Speech. Freedom of speech, Supreme Court Justice Benjamin Cardozo declared more than 80 years ago, "is the matrix, the indispensable condition of nearly every other form of freedom.". Countless other justices, commentators, philosophers, and more have waxed eloquent for decades over the critically ...

  9. Freedom of speech in the United States

    England. During colonial times, English speech regulations were rather restrictive.The English criminal common law of seditious libel made criticizing the government a crime. Lord Chief Justice John Holt, writing in 1704-1705, explained the rationale for the prohibition: "For it is very necessary for all governments that the people should have a good opinion of it."

  10. Freedom of Speech

    For many liberals, the legal right to free speech is justified by appealing to an underlying moral right to free speech, understood as a natural right held by all persons. (Some use the term human right equivalently—e.g., Alexander 2005—though the appropriate usage of that term is contested.)

  11. First Amendment and free spech: When it applies and when it doesn't

    This scenario illustrates one of the biggest misconceptions people have about the First Amendment. Bottom line: It protects you from the government punishing or censoring or oppressing your speech ...

  12. Chapter 6: The Right to Freedom of Speech

    The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. Pennsylvania Constitution (1790) Free speech is our most fundamental—and our most contested—right.

  13. Schenck v. United States: Defining the limits of free speech

    United States. In a case that would define the limits of the First Amendment's right to free speech, the Supreme Court decided the early 20 th -century case of Schenck v. United States. The case began, as many do, with an act of Congress. Shortly after the United States entered into World War I, Congress passed the Espionage Act of 1917.

  14. PDF Online Speech and the First Amendment: Ten Principles from the Supreme

    1. The First Amendment's protections apply to online speech as much as to offline speech. The First Amendment provides that "Congress shall make no law . . . prohibiting the freedom of speech." This core principle applies whether the speech in question is shared in a public square or on the internet. As the Supreme

  15. The Problem of Free Speech in an Age of Disinformation

    Based on Mill's conception of free speech, the political theorist Alexander Meiklejohn argued for elevating the right above other rights, as the foundation of democracy, in his 1948 book "Free ...

  16. A Short Introduction to Free Indirect Style

    Free indirect style, alternatively known as free indirect speech or free indirect discourse, is a narrative style which requires some explanation and unpicking, since it is subtle and sometimes difficult to spot in a work of fiction. However, it is one of the most powerful tools a writer possesses, and has been used to great effect by writers ...

  17. How to write a good speech [7 easily followed steps]

    Tell them (Body of your speech - the main ideas plus examples) Tell them what you told them (The ending) TEST before presenting. Read aloud several times to check the flow of material, the suitability of language and the timing. Return to top. A step by step guide for writing a great speech.

  18. Speeches

    Ethos refers to an appeal to your audience by establishing your authenticity and trustworthiness as a speaker. If you employ pathos, you appeal to your audience's emotions. Using logos includes the support of hard facts, statistics, and logical argumentation. The most effective speeches usually present a combination these rhetorical strategies.

  19. FIRE's 25 Faces of Free Speech

    FIRE's 25 Faces of Free Speech. by. FIRE. June 6, 2024. For 25 years, FIRE has worked to keep the flame of First Amendment freedoms burning bright. Since our founding in 1999, we've managed to win pivotal victories, publish cutting-edge research, and educate countless Americans on their fundamental rights. And in recent years, we've ...

  20. What is Free Indirect Discourse?

    Like Oates's and Morrison's stories, these other stories' complex ironies can be partially unpacked by attending to the free indirect discourse through which they are told. Writing prompt: Identify moments of free indirect discourse in Kate Chopin's "The Story of an Hour" (or any of the other examples mentioned above).

  21. How to Write a Good Speech: 10 Steps and Tips

    Create an outline: Develop a clear outline that includes the introduction, main points, supporting evidence, and a conclusion. Share this outline with the speaker for their input and approval. Write in the speaker's voice: While crafting the speech, maintain the speaker's voice and style.

  22. Campus Free Speech

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