Free speech is a right guaranteed to all citizens based on the 1st Amendment to the Constitution. Over the years, tension has developed between individuals seeking to exercise their free speech rights and governments attempting to enforce laws and maintain peace. Oftentimes, people exercising their free speech rights find themselves arrested and subject to criminal charges. In such cases, the First Amendment may provide a defense to such charges. The United States Supreme Court is currently wrestling with these issues in Bartlett v. Nieves.