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Speech and Expression

The desire to exchange thoughts with others is considered a natural inclination of human nature. Common use of the term speech infers pure, or verbal, speech, a complex ability to communicate that distinguishes humans from other species. However, use of the term in U.S. law includes a much wider range of individual expression including speaking, writing, and even through behavior called symbolic speech. Therefore, free speech includes all forms of expression, including books, newspapers, magazines, radio, television, computer transmittals, motion pictures, and certain physical actions. Though the phrase freedom of expression is commonly used in courts, the term expression actually does not appear in the First Amendment. Its use, however, includes freedoms of speech, press, assembly, petition and association.

Throughout history many governments restricted speech for fear that the spread of ideas by...