“Actual malice” is a term coined in the 1964 Supreme Court case New York Times vs. Sullivan, a case in which an Alabama business sued the New York Times over an advertisement which contained false statements concerning race relations. The final ruling was in favor of the New York Times because, while it did print the advertisement, it did not knowingly print false statements.

There are several other restrictions placed upon free speech. One of the most well-known is copyright.  If someone patents a particular phrase, idea, or text then he or she is protected from that material being used except under certain conditions. While other citizens are still able to speak their mind, they are not allowed to use these exact mediums to express themselves.

Another key responsibility of the government in terms of speech is to protect national security as well as public order, health, and morals. For example, if someone is making threats to plant bombs in the United States, that person is not only making threats towards the security of our nation’s welfare but also towards public order if people begin to fear for their safety. Therefore it is the government’s responsibility to protect its citizens from these threats. Another example comes in the form of protection from obscenities and pornography. Many Americans feel that a great deal of obscenity or pornography is distasteful and, in an effort to preserve the moral values of the nation, the government has standard tests used to determine if a movie, speech, print media, or other form of expression is obscene or pornographic. Additionally, in an effort to protect children from sexual assault, any form of child pornography is not a protected form of expression and can be punished to the fullest extent of the law.

From the Revolutionary War where patriots were fighting to gain these freedoms to World War II where the soldiers were fighting to ensure that America would be able to continue its democratic ways, many men and women have fought and even died to preserve the way of life we hold dear and to protect the freedoms that many Americans often overlook.