ABSTRACT

The American political tradition has always opposed unlimited government power. Government must have authority to "insure domestic Tranquility", just as it must have military power to resist attacks from abroad. At the end of the first decade of government under the Constitution, the Federalists curbed the speech of their political opponents. The public forum is frequently the setting for the variety of ways in which Americans express their opinions to other citizens, businesses and organizations, and the government. First Amendment questions also arise when government seeks to protect certain groups or classes of people from offensive or hurtful speech or displays. State and national governments alike continue to be involved in the less dramatic function of protecting the welfare of their citizens. Some state and local governments have restricted the right of association for the purpose of eliminating various forms of discrimination in clubs and other private organizations.