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Defending the Constitution
article ‘‘the’’—abridging the freedom of speech and press. For what the
Congress had in mind, in 1789, was the civil freedom to which Americans already were accustomed, and which they had inherited from Britain. In effect, the clause means ‘‘that freedom of speech and press which
prevails today.’’ In 1789, this meant that Congress was prohibited from
engaging in the practice of ‘‘prior censorship’’—prohibiting a speech or
publication without advance approval of an executive official. The courts
today give a much broader interpretation to the clause. This does not
mean, however, that the First Amendment guarantees any absolute or
perfect freedom to shout whatever one wishes, print whatever one likes,
assemble in a