freedom of expression
Freedom of expression is a protection under the First Amendment that grants individuals the right to publicly hold and convey their thoughts, opinions, and ideas through speech, writing, art, or any other symbolic act. Freedom of expression encompasses the rights to speech, press, religion, and association; however, it is most interchanged with freedom of speech. The right to freedom of expression prevents the government from making laws that criminalize or hinder a person’s political expression. Freedom of expression is a crucial element of democracy by allowing people to share ideas, debate, or protest the government. The freedom of expression is most notably portrayed by Tinker v. Des Moines (1969), in which students of Des Moines Independent Community School District were suspended for wearing black armbands to publicly, but silently, protest the Vietnam War. In Tinker, the Supreme Court held that their suspensions violated their freedom of expression.
Freedom of expression can apply to both private individuals and businesses or corporations. For example, in Bank of Boston v. Bellotti (1978), the Supreme Court held that corporate attempts to influence elections were protected by the First Amendment’s speech and expression. Freedom of expression also does not prevent consequences from third parties or private entities. For example, a person might not be legally prosecuted for endorsing the president, but they may be punished or even fired by their employer. The limits of freedom of expression are the same as those of freedom of speech, such as obscenity, defamation, advocacy of illegal action, and fighting words.
[Last reviewed in March of 2026 by the Wex Definitions Team]
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