By ALEXANDRA MIDDLEWOOD
Insight Kansas
In today’s polarized political climate, few constitutional provisions are invoked as frequently — and are as misunderstood — as the First Amendment. From social media bans to campus protests, Americans often claim their “free speech rights” are being violated. But what does the First Amendment actually protect? And why was it included in the Bill of Rights in the first place?
Let’s start with the basics. The First Amendment to the U.S. Constitution states: “Congress shall make no law... abridging the freedom of speech.” This language is clear in one crucial respect: it restricts the actions of the government, not private individuals or companies. That means if Twitter (now X), Facebook, or any other private platform decides to remove a post or ban a user, it is not a First Amendment violation. These companies are not arms of the government; they are private entities with their own terms of service.
This distinction is foundational. The First Amendment was crafted in the late 18th century by a generation deeply wary of centralized government power. Having just fought a revolution against British tyranny, the Framers sought to ensure that the new American government could not silence dissent or punish unpopular opinions. Freedom of speech was not just a philosophical ideal, it was a practical safeguard against authoritarianism.
The First Amendment, along with its protections for religion, press, assembly, and petition, was designed to create a public sphere where ideas could be freely exchanged without fear of government reprisal. It is no accident that freedom of speech is listed first, making it the cornerstone of democratic discourse.
Importantly, this principle is not unique to the federal Constitution. The Kansas Constitution also enshrines freedom of speech in its own Bill of Rights. This reflects a long-standing commitment at both the state and national levels to uphold the free exchange of ideas.
Section 11 of the Kansas Bill of Rights affirms that “all persons may freely speak, write or publish their sentiments on all subjects”, but it also goes on to highlight that people are “responsible for the abuse of such rights”. In other words, the Kansas Constitution says the quiet part out loud: freedom of speech does not mean freedom from consequences.
Employers, private universities, and private organizations may impose limits on speech within their domains. Additionally, speech that incites violence, spreads defamation, or constitutes harassment may also fall outside constitutional protection. The Supreme Court has repeatedly held that the First Amendment is not absolute — it does not protect all speech in all contexts.
Understanding the First Amendment requires more than quoting it. It demands a recognition of its purpose: to shield citizens from government censorship. It does not guarantee a platform or an audience. In a democracy, the right to speak freely is sacred, but so is the responsibility to use that right wisely.
So the next time someone claims their First Amendment rights are being violated, ask: Is the government involved? If not, it’s probably not a constitutional issue, it’s likely just a political disagreement. And that, too, is part of the messy, vibrant, and essential process of democratic debate.
Alexandra Middlewood, PhD, is an associate professor and chair of the Political Science Department at Wichita State University.