This study forms part of a wider-ranging project, which seeks to lay the groundwork for
comparisons between legal frameworks governing freedom of expression in different legal
systems.
The following pages will analyse, with reference to the United States of America and the
subject at hand, the legislation in force, the most relevant case law, and the concept of
freedom of expression with its current and prospective limits, ending with some
conclusions and possible solutions for future challenges.
The legislative foundation for freedom of expression law in the United States is grounded
in the First Amendment to the Constitution. Based on this text, the Supreme Court has
created the freedom of expression doctrinal framework by which lower courts and other
branches of government are bound. Unlike other jurisdictions, the United States grants
broad freedom of expression protections based largely on the idea that “good” speech will
prevail over “bad” speech in the open market.