Chicago Freedom of Speech Attorney

The First Amendment of the Constitution of the United States protects freedom of speech, stating, “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.” The First Amendment provides all American citizens the right to express opinions without fear of repercussion or consequence from the government, though there are certain limits to this inalienable right we share as American citizens.

In many instances, it is easy to discern what constitutes “speech” for purposes of the First Amendment. The word “speech,” as used in the First Amendment, includes much more than spoken words. For example, an armband can constitute speech, as can a billboard, a book, an article, a painting, a prayer, a statement (even if it is vulgar) sewn or drawn on clothing, a movie, or music. Determining what is protected speech under the First Amendment can sometimes be difficult, but that should never discourage you from pursuing and protecting your rights. The Law Offices of George M. Sanders has significant experience in these and other civil rights-related cases. To discuss whether your free speech rights were violated, we encourage you to seek help from our experienced Chicago freedom of speech attorney.

Who Benefits From Working With a Freedom of Speech Attorney?

Your right to speak freely is one of the most protected and most contested rights under the Constitution. At The Law Offices of George M. Sanders, we can help if:

• A government official cut you off during public comment, denied you a permit given to others, or removed you from a public forum because of your message.
• You spoke out, criticized officials, or petitioned an agency and then faced threats, penalties, or selective enforcement afterward.
• A government actor pressured a social media platform, bank, insurer, or other private company to silence, penalize, or cut ties with you over your speech.
• A law, ordinance, speech code, or policy itself appears to limit what you are allowed to say, publish, or advocate for.

We can evaluate these and many other speech-related claims to help you understand the possible paths forward to defend your rights.

Know Your Speech-Related Rights

The First Amendment does not explain precisely what freedom of speech means. Over the years, the courts have had to grapple with what constitutes “speech.” For example, while a painting can constitute speech, what about a specially prepared and designed cake? What about wedding photos taken by a professional photographer? The courts are ultimately responsible for determining what is and is not speech entitled to protection under the First Amendment.

Just as the Constitution protects your right to speak your mind, the First Amendment also prevents the government from forcing you to say things you do not agree with. In West Virginia Board of Education v. Barnette, 319 U.S. 624, the Supreme Court was asked to determine if forcing schoolchildren to salute the American flag violated free speech protections. The Supreme Court ruled that it did, which overturned a previous decision (Minersville School District v. Gobitis). The issue of forced or compelled speech can arise in many different contexts. For example, an issue that is arising more frequently today is when a government entity (a school, public employer, etc.) compels an employee, teacher, or student to use the preferred pronouns of another person. Another area in which this issue comes up is when public schools or public universities, for example, require employees to sign and/or repeat a diversity pledge.

A growing issue in First Amendment law is the tension between freedom of speech and antidiscrimination and anti-harassment laws and policies. In Sax v. State College Area School District, the Third Circuit held that the state college’s anti-harassment policy was too broadly drafted and would have censored and/or deterred broad categories of speech. The Third Circuit pointed out that the college could not prohibit speech simply by branding it harassment. Further, the Third Circuit stated: “That speech about ‘values’ may offend is not cause for its prohibition, but the reason for its protection . . .” The upshot of cases such as Sax is that governments and state actors need to carefully define and limit words like harassment in order to avoid infringing First Amendment interests.

Case Law Examples

Here are a few examples of cases involving both direct and symbolic forms of speech that the Supreme Court has held are entitled to protection.

• The right of students to protest by wearing armbands in public schools. Tinker v. Des Moines, 393 U.S. 503. In 1965, a group of students planned to wear black armbands to school as a means of protesting against the Vietnam War. The school learned of their plan, banned the action, and punished students who wore armbands. The students’ parents filed suit, and when the case reached the Supreme Court, the Supreme Court ruled in favor of the students. The majority opinion included the now-famous quote that students and teachers do not “shed their constitutional rights at the schoolhouse gate.”
• The right to use certain offensive words or phrases in political messages. Cohen v. California, 403 U.S. 15. When a California store worker was arrested and jailed for wearing a jacket that used a profane word to protest the Vietnam War, he claimed his First Amendment rights were being violated. The Supreme Court agreed, with Justice John Marshall Harlan writing that “one man’s vulgarity is another’s lyric.”
• To engage in symbolic speech, including burning the flag in protest, is protected speech. Texas v. Johnson, 491 U.S. 397; and United States v. Eichman, 496 U.S. 310. In 1984, a man in Texas was criminally charged for burning the U.S. flag on the steps of Dallas City Hall. Soon after, in 1989, a federal law was passed, making it a crime to destroy the American flag. These cases, along with others, were challenged all the way to the Supreme Court, where both the Texas state law and the federal law against flag burning were struck down as unconstitutional.

There are limits, however, on the types of speech protected by the First Amendment. For example, the First Amendment does not protect:

• Inciting imminent criminal action.
• Producing or distributing obscene materials.
• Making comments that meet the standard of common law defamation.
• Agreements or conspiracies to commit crimes.

Advantages of Working With The Law Offices of George M. Sanders

If your right to speak, write, or express yourself has been unlawfully silenced, you need an advocate who knows how to fight for you. The Law Offices of George M. Sanders stands out for our:

• 30+ Years of Litigation Experience: With more than three decades in the courtroom, Mr. Sanders brings the seasoned judgment needed to take on challenging civil rights disputes.
• Focused Civil Rights Representation: We concentrate on constitutional and civil liberties matters, so your free speech case gets the dedicated attention it deserves.
• Advocacy Against Powerful Opponents: We stand up to government agencies, schools, universities, and large corporations when they try to suppress or punish your protected speech.
• State and Federal Court Knowledge: Free speech claims often move between state and federal courts, and we understand how both systems work.
• A Background in Complex Litigation: 90% of our practice focuses on litigation.
• A Mission to Defend Your Freedom: Protecting constitutional liberties is at the heart of what we do, and we are genuinely committed to defending your right to speak freely.

Call Our Freedom of Speech Attorney Today

If you find yourself in a situation where you believe your First Amendment Rights are being violated or may have been violated, you should contact a reputable attorney to discuss your circumstances and learn about your legal options. Our law firm represents clients in Illinois communities throughout Cook County, Will County, Grundy County, DuPage County, Lake County, McHenry County, and Kane County. Call The Law Offices of George M. Sanders today to schedule an appointment.