Writing and the 1st Amendment

Today is Constitution Day in the U.S., the 234th anniversary of the signing of the Constitution. Since that document includes a 1st Amendment, and since that amendment is important to writers, I thought I’d mark this anniversary.

The text is straightforward: “Congress shall make no law…abridging the freedom of speech…” Sounds simple, but over the centuries, lawyers and scholars have debated every word of that amendment, including ‘the.’

In theory, the 1st Amendment frees fiction writer...