Ústavní úprava problematiky svobody politického projevu v USA v letech 1919–1969

In this article, the author deals with the subject of freedom of political expression in the USA in the period 1919–1969. He chooses this period because he believes that it was during these years, marked by the cases of Schenck v. USA and Brandenburg v. Ohio, that the U.S. Supreme Court laid the foundations for the modern constitutional treatment of this issue, on which it still rests. The author begins by recalling the historical roots of free speech in the United States, which can be traced back to colonial times. He then recounts the constitutional enshrinement of this freedom in the First Amendment to the US Constitution, in the Bill of Rights of 1791. His main interest, however, is in the period of the First World War, when the US Supreme Court first began to consider the possibility of restricting it. The author then takes us through the following period until the late 1960s, when he comes to the conclusion that such limitations can only be implemented by the least restrictive means.