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2 Free Speech and Censorship and Congress repaid all fi nes levied under it. These actions buttressed the emerging view that freedom of speech prohibited not only prior restraints but also the punishment of speech critical of the government or public offi cials. Over the course of the next two centuries, the Supreme Court deep- ened and expanded the right of free speech. It did so in part by expound- ing on “basic principles” of free speech. These “basic principles” focus on the why , the what , the who , and the when : Why is free speech a “funda- mental” constitutional right? What does this right protect? Who has this constitutional right? When does this right provide protection? What limits does free speech place on governmental actions? What signifi cance does free speech have as a cultural and societal ideal? A discussion of these gen- eral issues is a useful introduction to the more specifi c questions addressed in later chapters. Q1. IS FREE SPEECH A “FUNDAMENTAL” CONSTITUTIONAL RIGHT AND, IF SO, WHY? Answer: Yes. Free speech is a “fundamental” constitutional right because it is a prerequisite for representative democracy, other civil rights and lib- erties, the effective operation of the marketplace of ideas, and the intel- lectual growth and development of the individual. The Facts : Explanations of why free speech is a constitutional right in the United States are called justifi cations. These justifi cations are import- ant because they have a direct bearing on the scope and resilience of the right of free speech. A broad justifi cation of free speech protects a wide range of expressive activities from governmental prohibitions and regulations. A strong justifi cation produces a right of free speech that is tough and resilient, capable of resisting popular inclinations to limit or restrict it. The four major justifi cations for freedom of speech are: (1) it is a prerequisite for representative democracy, (2) it is a precondition for other civil rights and liberties, (3) it is necessary for the operation of the marketplace of ideas, and (4) it is essential to an individual’s intellectual growth and development. Freedom of speech is a “fundamental” consti- tutional right because, whether considered individually or in conjunction with one another, these four justifi cations have substantial weight and intellectual power. The force of the fi rst justifi cation stems from the fact that the United States is, and for the foreseeable future, will remain a representative