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It states, "Congress shall make no law...abridging the freedom of speech, or the press..." This is significant beyond its mere primacy in the U.S. Bill of Rights. It does not establish the freedom of expression, but rather, in recognizing its existence, guarantees it. Freedom of expression has been a part of the American way since long before the American Revolution. Alexis de Toqueville, on touring the United States over 150 years ago recognized this, writing in _Democracy in America, "The Anglo-Americans have enjoyed this liberty ever since the foundation of the Colonies..." Americans have always felt free to express their opinion...
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