Free Speech Precedes Government

Free speech was gradually established as a fundamental right, highlighted by the inclusion of the First Amendment in the Bill of Rights, which emerged from the concerns of early anti-federalists like Jefferson. The amendment was created without explicit qualifications, meaning it does not inherently limit speech based on criteria like libel or incitement, which were later defined by Supreme Court rulings. This historical trajectory reflects an essential belief among the founders that free speech is paramount and exists prior to governmental authority, rather than as a privilege granted by it.