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The constitutional amendment, ratified with the Bill of Rights in 1791. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Nearly every human action that the law affects, and virtually all governmental activity, involves speech. For First Amendment purposes, the Supreme Court has distinguished among contexts in which speech activity might arise, applying special speech-protective rules and presumptions in some of those areas, but not in others. See, e.g., Board of Regents of Univ. of Wis. System v. Southworth, 529 U. S. 217, 229 (2000) (indicating that less restrictive rules apply to governmental speech); Central Hudson Gas & Elec. Corp. v. Public Serv. Comm'n of N. Y., 447 U. S. 557, 564 (1980) (commercial speech subject to 'mid-level' scrutiny); Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty., 391 U. S. 563, 568 (1968) (applying special rules applicable to speech of government employees).
Under First Amendment jurisprudence, each method of communicating ideas is ...
