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Ever since its creation, people have argued and tested the contents of the United States Constitution. One of the most commonly argued topics in the Constitution is the freedom of expression. Many people are unsure of exactly what is defined by freedom of expression. Two areas that are constantly being challenged include freedom of speech during wartimes, and music censorship.

Ever since the famous 1917 court case of Schenk vs. United States, the United States government has gradually lost its power to persecute those who speak against war. Following the 9-11 attacks, there have been no federal criminal prosecutions of any individuals for criticizing the administration’s policy against terrorism. Another interesting fact is that no one has been jailed for anti-war dissent. (Stone).

An example of the Government’s lack of power during wartime is exhibited in the 1969 court case Tinker vs. Des Moines. In this case, several students were expelled for wearing black armbands in protest of the Vietnam War. Upon this expulsion, the students and their parents took the school to court. The court’s decision to this case was as follows: People have the right to voice their opinion in any way they chose, provided it is in no way violent (American Civil Liberties Union). As time has progressed, what can and cannot be said during wartime has gradually been established. This was a slow process, involving hundreds of court cases, and the punishment of thousands of protesters. However, all that matters is that American citizens are now free to do or say whatever they please regarding war.

The second topic that has been under controversy lately is the censorship of music. Many artists are trying to battle music censorship, but are fighting a losing war. After 9-11, the Government has taken music censorship a step further. This increased censorship is evident in the government’s interference on artist Dave Matthews’s upcoming album. Dave Matthews was forced not to release “When the World Ends” as his next single. The government also changed the title “Speed Kills” to “The People We Love.” Rage Against the Machine, a highly anti-establishment band was forced to shut down its online discussion boards due to the negative comments their fans were posting about the 9-11 attacks, President Bush, and the government (Korpe. "Crash into me, baby: America's Implicit music censorship since September 11th").

Not only does the government regulate musicians in the United States, they have also recently extended their regulations into Cuba. Law 88, more commonly known as the Law of Protection, states that one can receive up to five years in prisons for creating music that “disturbs police order for the benefit of the U.S. economic war on Cuba.” Included in this article is a statement from the U.S. government stating that it would analyze all Cuban music before airing it. However, none of the artists that were analyzed ever made it onto the air. Cuban citizens are concerned that if this extreme censorship by U.S. authorities continues, the international music community will be forgotten by post generations (Korpe. "Havana and Miami: a music censorship sandwich").

Both of these topics have received an incredibly amount of controversy. Being as there is no clear definition of what is included in freedom of expression, whether ones speech is protected all depends on ones definition of expression.