Criticism of government finds sanctuary in several portions of the 1st Amendment. It is part of the right of free speech. It embraces freedom of the press
Hugo BlackThe Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government.
Hugo BlackSex is a fact of life...and while it may lead to abuses...no words need be spoken...for people to know that the subject is one pleasantly interwoven in all human activities and involves the very substance of creation itself.
Hugo BlackWhat finally emerges from the 'clear and present danger' cases is a working principle that the substantive evil must be extremely serious and the degree of imminence extremely high before utterances can be punished...It must be taken as a command of the broadest scope that explicit language, read in the context of a liberty-loving society, will allow.
Hugo Black