By Newspot Nigeria Editorial Desk
There’s a reason freedom of speech is the most recognized of the First Amendment rights. It’s not just the first on the list—it’s the one we rely on the most. Whether it’s speaking out in public, posting online, singing a protest song, or even burning a flag, speech is how people assert their place in the world. But as Ken Paulson reminded us in his piece for the Free Speech Center at MTSU, speech in a democracy isn’t a free-for-all. It’s a right with boundaries.
In Nigeria, we often invoke “freedom of speech” as a slogan, a protest chant, or a defense in court. But how often do we stop to ask: freedom from what, and freedom to do what exactly? Like in the U.S., speech here is not protected in all places or situations. The Constitution of the Federal Republic of Nigeria (1999) guarantees freedom of expression, but just like in America, that freedom doesn’t apply in your employer’s office, your church, or your friend’s WhatsApp group. It applies against government interference. That’s the key difference we forget.
Paulson’s article breaks this down clearly using landmark U.S. court decisions. Take Brandenburg v. Ohio (1969)—the court ruled that even speech calling for illegal action is protected, so long as it doesn’t incite imminent violence. Or Texas v. Johnson (1989), where flag burning was upheld as free speech. And yet, limits still exist: obscenity (Miller v. California), serious disruption in schools (Tinker v. Des Moines), or threats that provoke lawless action. These are not loopholes; they are guardrails.
The article also dives into newer spaces where speech rights have been tested—online platforms, video games, and political spending. Not all of these court decisions are popular. In Citizens United v. FEC, the U.S. Supreme Court allowed corporations to spend unlimited amounts on political ads. Many Americans believe that ruling weakened democracy by opening the floodgates to influence-peddling. But the court said money, in that context, was a form of political speech.
We should reflect on how these legal interpretations speak to the Nigerian experience. When students protest peacefully but are silenced, when artists are arrested over lyrics, when online critics are jailed under cybercrime laws—those are not signs of strength, but symptoms of fear from those in power.
Free speech does not mean freedom from consequences—but it does mean protection from arbitrary punishment. In Nigeria, we need our own robust legal tradition to define this boundary more clearly. As Ken Paulson rightly points out, the power of the First Amendment lies in protecting not just popular speech, but uncomfortable speech. Speech that challenges. Speech that questions. Speech that makes those in authority sweat.
This is a lesson for our lawmakers, security agencies, teachers, religious leaders, and even our social media users. To defend democracy is to defend the speech you hate, not just the speech you love.
We thank Ken Paulson and the Free Speech Center at Middle Tennessee State University for a timely reminder that speech is the oxygen of any democracy—and the first thing tyrants try to choke.
Newspot Nigeria
(Source: “Freedom of Speech” by Ken Paulson, Free Speech Center, MTSU. Originally published July 18, 2023; last updated July 7, 2025.)
