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Rights. The first of these amendments, the one Madison considered most essential, was
the one guaranteeing freedom of speech and freedom of the press [52].
FIRST AMENDMENT TO THE UNITED STATES
CONSTITUTION
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.
3.6.2 Freedom of Expression Not an Absolute Right
The primary purpose of the First Amendment's free speech guarantee is political. Free
speech allows an open discussion of public issues. It helps make government responsive
to the will of the people [53].
However, the First Amendment right to free expression is not limited to political
speech. Nonpolitical speech is also covered (Figure 3.4). There are good reasons for
FIGURE 3.4 Jeremy Jaynes was convicted under Virginia law for sending millions of spam
messages. His conviction was overturned by the Supreme Court of Virginia because the
antispam law was too broad and also prohibited the anonymous transmission of unsolicited
bulk emails “containing political, religious or other speech protected by the First Amendment
to the United States Constitution” [55]. (AP photo/Loudoun County sheriff 's office)
 
 
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