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by rayiner 4268 days ago
The Constitution says, "Congress shall make no law . . . abridging the freedom of speech."

What is "the freedom of speech?"

You can take it literally: the freedom to say anything you can speak. You probably don't want to go down that route, because the obvious corollary is: "fine, then the First Amendment doesn't cover publication, electronic communications, or expression" because those things are outside the dictionary definition of "speech."

You can also treat it as a phrase that has meaning in context, like "object" does in computer science. But you can't have your cake and eat it too: the same interpretive process the Supreme Court has used to create exceptions to the freedom of speech has also been used to take the freedom far beyond what literally qualifies as "speech." This is particularly true if you're talking about obscenities laws, which mostly deal with things like images and performances which aren't literally speech.