However, following the case of Marbury v. Madison in 1803, the Supreme Court had claimed that authority by setting the precedent of declaring a practice unconstitutional. This precedent gave the judiciary authority to interpret Constitutional Law and determining what was allowed according to the Constitution and its Amendments and what did not. This would be important in the evolution of the meaning of the First Amendment, especially the part dealing with Freedom of Speech.
Shortly after the Constitution's inception in 1789, Freedom of Speech was most commonly meant to be political discourse and commentary because the British had attempted to deprive the early Americans of this right when they controlled the former colonies. As Americans became more secure in their freedom the extent of Freedom of Speech became more widely debated and is still debated to this day in many public forums as well as in the courts of the United States.
The protection granted by Freedom of Speech have some limitations and restrictions. These limitations and/or restrictions include that Freedom of Speech does not cover speech that encourages and incites others to violence, violates public safety or infringes upon the rights of others. A classic example of First Amendment limitations would be if a person yelled "FIRE!" in a crowded movie theater when there is none. This would cause panic and cause injuries and/or fatalities because many would frantically try to escape. There is also the stating of falsehood with the intent of damaging someone's reputation. This is known as slander. These instances of malicious conduct are criminal behavior and NOT covered by First Amendment Rights.
As previously mentioned, these limitations and/or restrictions on free speech rights are determined by the judiciary branch of the United States government. This directly influences how the First Amendment evolves and is viewed by the legal community and the general public.