Section 230 is the law that shaped the modern internet—and free speech online

Learn about the long and contested history of free speech in America

This podcast examines how American free speech protections evolved—from the Founders' debates to landmark Supreme Court rulings—and why the country arrived at one of the most expansive speech regimes in the world.

The US protects free speech more broadly than any other democracy

Well-known First Amendment lawyer Floyd Abrams explains that the US offers stronger free-speech protections than even close democratic allies, where hate speech is criminalized, libel laws favor plaintiffs, and a "right to be forgotten" can erase truthful information from the internet.

Not all speech in the United States is protected

This page explains the categories of speech—including defamation, incitement, true threats, fraud, and obscenity—the Supreme Court has placed outside First Amendment protection and how courts determine which standard to apply when speech is challenged.

The Supreme Court's first major free-speech ruling rested on a legal standard that was later overturned

In Schenck v. United States (1919), the court introduced the "clear and present danger" test—permitting the government to restrict speech that posed an immediate threat to public safety. Although the doctrine was later replaced, the ruling upheld the conviction of a man who had distributed anti-draft pamphlets.

The dark web protects free speech from censorship and authoritarian oversight

Encrypted networks allow users with internet access anywhere in the world to view blocked content and avoid surveillance when communicating evidence of abuse to independent journalists. The same networks can support democracies by helping activists coordinate protests on dark web forums.

Explore important free-speech cases with a First Amendment litigator

Hosted by Ken White, the "Make No Law" podcast explores landmark First Amendment cases—from student speech to defamation—breaking down complex legal battles in an accessible way for lawyers and nonlawyers alike.

Balancing free speech while curbing misinformation has destroyed content moderation

Accusations of censorship and bias have led social media companies like Meta and X to scale back or abandon moderation tools—just as foreign propaganda surges. Researchers say their ability to track manipulation online has become severely limited.

The US Constitution grants protection for satire

The First Amendment protects satire, though it does not protect defamation. The key distinction is that satire—evident by its hyperbolic language and comedic portraits—is not intended to be believed, even if it's being malicious.

Americans are historically more supportive of free speech than people in most other countries

A 2016 survey of 38 countries found that the US scored highest in support for free expression, with 71% of Americans saying people should be able to say what they want without government censorship, more than in any other nation surveyed.

'So to Speak' is a podcast covering the front lines of free-speech debates today

Produced by the Foundation for Individual Rights and Expression, this podcast covers the most contested free-speech issues of the moment—from campus censorship to social media regulation—and features interviews with lawyers, scholars, journalists, and activists.

The US framework of government has influenced the constitutions of many other countries

In 1787, the US Constitution introduced a system built on the separation of powers and individual liberties, including freedom of speech and religion. Though widely influential, its rigidity has made it less of a modern model as countries adopt more adaptable constitutional frameworks.

As of 2026, age verification systems on online platforms have included the collection of personally identifying information, such as government IDs, and biometric age checks that rely on AI-based facial recognition.

A breakdown of net neutrality, including its benefits and disadvantages

The principle dictates that all internet traffic should be treated equally by internet service providers and that they cannot block, slow, or charge more fees for access to specific webpages. This would help ensure equal access to the internet and prevent larger companies from paying to prioritize access to their content, but it would require greater government intervention.

As thousands of lawsuits proceed against social media companies for alleged harm, social psychologist Jonathan Haidt lays out the seven main arguments for holding social media companies legally responsible.

The First Amendment protects 5 distinct freedoms

Most Americans cite the amendment on free speech, but the First Amendment also protects religion, the press, peaceful assembly, and the right to petition the government—five separate guarantees in a single sentence.

Watch former Securities and Exchange Commission Chair Gary Gensler's 'Eras Tour' for the agency's 90th anniversary, a look back on the pivotal moments in the agency's history.

Citizens United extended First Amendment protections to corporate political spending

The Supreme Court's 2010 decision struck down limits on independent political expenditures by corporations and other organizations, ruling that such spending is protected speech—a decision that was deeply contested and reshaped campaign finance law.

Tech giants like SpaceX and Meta are increasingly behaving like sovereign powers

Companies now make unilateral decisions once reserved for nation-states, such as controlling satellite internet access in active war zones and influencing global information flows. Lawmakers and the international order are struggling to keep up with technological developments, let alone regulate them.

Free speech has often been restricted in wartime, potentially unconstitutionally

From the Sedition Act of 1798 to the prosecution of anti-war activists during World War I, the US government repeatedly curtailed speech and dissent during wartime—actions widely criticized and, in some cases, later deemed unconstitutional.

Facebook launched its 'like' button and Twitter its 'retweet' button in 2009, innovations psychologist Jonathan Haidt argues rewired social media to reward outrage over accuracy.

Carlin's 'Seven Words' led to a landmark Supreme Court ruling

The original recording of Carlin's bit aired on a New York radio station in 1973, leading to an FCC complaint. The case went up to the Supreme Court, which ruled that the FCC had the right to penalize broadcasters that aired obscene content during the daytime.

Fair use may shield AI companies from potential copyright violations

AI models are trained on enormous datasets built from content scraped from websites across the internet. Copyright law includes a four-factor test to determine whether copies of content fall under fair use, but the law's enforcement has been inconsistent.

Global support for free speech and press freedom has declined since 2019

A 2025 Pew Research survey found that the share of people worldwide who consider free speech and press freedom important has declined over the past several years, even though majorities in most countries still say these rights matter.

The Clean Air Act became the cornerstone of modern air pollution control

Passed in 1970 and strengthened through multiple amendments, the Clean Air Act authorizes the EPA to set national air quality standards, regulate industrial and vehicle emissions, and reduce pollutants such as ozone, sulfur dioxide, and lead.

Justice Oliver Wendell Holmes championed the idea of speech as a 'marketplace of ideas'

In his landmark dissent in Abrams v. United States, Justice Holmes argued that the best way to combat harmful ideas is through open competition—a principle that became foundational to modern First Amendment law.

Passed in 2010 in the fallout of the Great Recession, the Dodd-Frank Wall Street Reform and Consumer Protection Act was the most significant financial reform since the Great Depression.

The Religious Freedom Restoration Act of 1993 restricted the government's ability to limit religious practice

Congress enacted RFRA in response to the Supreme Court's decision in Employment Division v. Smith. The law requires the government to use the least restrictive means before substantially burdening an individual's religious exercise.

The internet explained at five levels of difficulty, from protocols to internet flattening

Resembling a roadway with traffic laws that all cars must follow, the internet is the hardware that connects a source to a destination, and these connections must follow specific software rules. Although data had to travel through about 10 networks to reach a destination in the past, data centers increasingly consolidate traffic, just as a highway does for cars, to improve data speeds.

Hear how the 2 religious clauses in the First Amendment have been tested and evolved over time

This podcast examines the evolution of the free exercise and establishment clauses, tracing their development from federal restrictions to state and local laws. Discover the believers who challenged the limits of religious freedom throughout American history.

Explore how free speech and justice coexist and sometimes clash

From the abolition of slavery to South African apartheid, this podcast explores how censorship has historically been used to suppress racial justice movements—and to promote them—and asks whether free speech is a foundation for, or a threat to, equality.

Social media algorithms are shaping real-life language through memes

The evolution of the internet in the early 2000s supercharged the creation and spread of memetic content. Now, highly tuned algorithms on platforms like TikTok and YouTube influence the language, phrasing, and content of creators, which shapes how we use language in the real world.

The 1948 Supreme Court ruling was overturned in 2020

In 2020, US District Court Judge Analisa Torres overturned the 1948 Supreme Court ruling that broke up the studio system—effectively allowing the film industry to become vertically integrated once again—with companies like Amazon and Disney taking advantage of the relaxed regulations.

The ACLU was founded in 1920 in direct response to the suppression of speech during World War I

The mass arrest and prosecution of anti-war activists, socialists, and immigrants under the Espionage and Sedition Acts prompted a group of civil libertarians to form the American Civil Liberties Union to defend constitutional rights.

Norman Rockwell's 'Freedom of Speech' has become an internet meme

The famous painting, which portrays a man in work clothes speaking up in a crowd of men in suits, has become a companion image for internet users posting unpopular or controversial opinions. (Some users may experience a paywall.)

New York Times Co. v. Sullivan transformed libel law and the relationship between the press and public officials

The 1964 case arose when an Alabama official sued The New York Times over a civil rights advertisement he claimed was defamatory. The ruling makes it very difficult for public officials to win libel suits against the press unless they can prove deliberate falsehood.

James Madison's original draft of the First Amendment was far more expansive than what was ratified

Madison's first proposed language guaranteed the right "to speak, to write, or to publish" one's sentiments freely—broader and more explicit than the final text—and described the free press as "one of the great bulwarks of liberty."

Modern fan fiction exists in a legal gray area

Modern copyright law prohibits using someone's intellectual property (like a character) without their permission. By and large, fan fiction is tacitly condoned by copyright holders because it's commonly distributed for free. If anything, the copyright holders often benefit by allowing passionate fan communities to flourish.

Read the language in the Constitution that protects religious freedom in the US

The First Amendment's religion clauses include two provisions: the establishment clause and the free exercise clause. These two parts prevent the government from endorsing any specific religion and from interfering with the free practice of religion.

A Gilded Age moral crusader convinced Congress to pass a law banning 'obscene, lewd or lascivious' materials from the mail that's central to today's debate over abortion pills.

See a map of the countries that have passed legislation restricting social media for children.

A 1954 Supreme Court ruling helped quiz shows avoid regulation

When the Federal Communications Committee attempted to rein in giveaway shows, the Supreme Court ruled that quiz shows were not a form of gambling because contestants did not have to risk anything to participate. Some believe that the ruling prevented proper oversight of the industry as it became more popular.

The First Amendment established religious freedom as a constitutional right—a safeguard no other nation had before

Europe had limited religious tolerance for centuries, but always as a privilege granted by rulers who could revoke it. The First Amendment in the United States was unique for the time: It banned the government from interfering with religion, making religious freedom a permanent constitutional limit on state power.

The Dodd-Frank Act increased banks' capital requirements and established the Consumer Financial Protection Bureau.

Social psychologist Jonathan Haidt, author of 'The Anxious Generation,' contends that children are losing the ability to pay attention as they spend half their lives perusing social media content designed to hook them.

George Carlin's ‘Seven Words’ satirized obscenity laws

Carlin’s famous bit lampooned FCC regulations on obscenity. Ironically, he performed it on TV during his HBO special, “Again!” in 1978.

The Second Amendment protects the right to keep and bear arms

One of the most debated amendments, the Second Amendment has divided courts, lawmakers, and the public for decades. The Supreme Court held in 2008's District of Columbia v. Heller that it protects an individual right. Legal challenges continue today.

Learn how the US tax code works and why it's important

First published in 1926, the US Code is the official codification of federal statutes in the US. Title 26 of the US Code, for instance, lists all of the federal tax laws of the United States. A new edition is published every six years.

The Civil Rights Act of 1964 outlawed segregation and discrimination nationwide

The Civil Rights Act, signed into law in 1964, prohibited racial segregation in public accommodations and ended discrimination based on race, color, religion, sex, and national origin in employment, while also strengthening protections in education. It established protections enforced across federally funded programs.

Distinguishing between Web 1.0, 2.0, and 3, all made possible by the internet

The World Wide Web began as read-only, static webpages on Web 1.0, where data could not be entered. With Web 2.0, the online interface became a read-write space for data entry, post creation, and forum participation, among other activities. Web3 is intended to be decentralized, user-owned, and built on blockchain technology.

The Securities and Exchange Commission was created during the Great Depression to restore public trust in financial markets after the 1929 crash.