Air Wisconsin Airlines Corp. Vs. Hoeper: Article Analysis

According to “Freedom of Speech” by Gerald Leinwand, Abraham Lincoln once asked, “Must a government, of necessity, be too strong for the liberties of its people, or too weak to maintain its own existence (7)?” This question is particularly appropriate when considering what is perhaps the most sacred of all our Constitutionally guaranteed rights, freedom of expression. Lincoln knew well the potential dangers of expression, having steered the Union through the bitterly divisive Civil War, but he held the Constitution dear enough to protect its promises whenever possible (8).

As of today, the supreme court has interpreted the first amendment to say “The First Amendment provides no protection for obscenity, child pornography, or speech that constitutes what has become widely known as “fighting words.” The First Amendment provides less than full protection to commercial speech, defamation (libel and slander), speech that may be harmful to children, speech broadcast on radio and television (as opposed to speech transmitted via cable or the Internet), and public employees’ speech.”(Ruane, Kathleen Ann) with this loose definition in mind many people have begun to think whether freedom of speech should be further limited to several cases seen in recent years such as what happened in Charlottesville, Virginia.

This opposing argument is very much invalid. Though they have limitations, the freedom of speech and the first amendment are still very important to this country. These limits help to keep only the truth in public broadcasting and publishing. An example is if a news station does a report that is slanderous, the authorities may act accordingly to declare their lies unconstitutional. The freedom of speech is a privilege to have, and cannot be taken advantage of by telling lies. The first amendment is still very important, and the limitations it has on the freedom of speech help to keep only the truth in the public.

be described. Jurisdictional requirements for this case as well as the reasons why it was heard at

631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011) .

The Court ruled in favor of the appellant, and the decision is described as follows:

Parties to the Case, Facts of the Case, and Business Reasons for the Dispute (30 points)

Even in the early stages of American history there was an urge to put legally protected freedoms into written government documents. The result was the drafting of the first ten amendments to the Constitution, the Bill of Rights, by James Madison. The applications of the personal freedoms described in the Bill of Rights, particularly the freedom of speech, have been challenged repeatedly in American courts of law and elsewhere. These incidents and challenges of authority reflect the defensive American attitude toward the ever-important freedom of expression and the growing significance of personal rights throughout American history.

Part I: Overview of Case (who is involved and what they are arguing, as well as all possible theories, defenses, and torts involved)

Back in the year of 1791, when our grand country was at the tender age of fifteen, two gentlemen gathered together to form a written document that would protect their newly attained freedom. These written principles, later know as the Bill of Rights, were penned primarily by George Mason and James Madison. The Founding Fathers of the American public’s home country. It is interesting to note that not only were these two men the authors of Bill of Rights but were also successful in their own careers too. George Mason, a prospering planter in the state of Virginia and James Madison a graduate of the College of New Jersey, known as present day Princeton. Madison was a lawyer by trade, but was driven with a profound interest in ministry. They came together to compose one of the greatest treasures in the nation’s history: the Bill of Rights. In this written expository, this author will be discussing the first of the ten of these amendments: the amendment that guarantees Americans the freedom of Speech. The necessity of free speech and the important values it contains is a main foundation for this country, therefore, Rosenblatt 's argument for the freedom of “expression” is valid because it certifies our right to speak freely, form an opinion, and exercise the correct function of democracy while on American soil.

RULE: What provision of the First Amendment applies to the issue you have defined? (50 words)

There are four general situations in which freedom of speech should be banned. The first one is Clear and present danger: Freedom of speech will not be protected if the words that come from any person's mouth put in danger someone else, provoke violence, or even incite or suggest illegal actions. A second situation is fighting words: These are the terms socially know to rage anyone, and when they are told face-to-face to a second person, they are not protected by the first amendment because they tend to alter public order and stimulate violence. The third main situation in freedom of speech is known as libel and slander: In this situation the Supreme Court explains that when speech or communication is used to damage someone else's reputation, to lie, or to tergiversate the truth and make it look as something it is not, it is not covered under the first amendment. The forth and last boundary of the first amendment is referred to as time, place and manner: This particular scenario does not disallow the content of the speech itself, but it takes into consideration the place where the speech is given, and the way the person presents the speech. If under any circumstance the government interests or regularities are violated, the speech is not protected under the first amendment.

“Under a decision of the United States Supreme Court, a forum-selection clause is un-enforceable “if enforcement would contravene a strong public policy of the forum in which suit is brought.” California courts have declared in other cases that the AOL clause contravenes a strong public policy. If the court applies the doctrine of stare decisis, will it dismiss the suit?” (Cross,

Stevens, John P. "The Five Extra Words That Can Fix the Second Amendment." Washington Post. The Washington Post, 11 Apr. 2014. Web. 05 Nov. 2016.

In the book Freedom for the Thought that we Hate, author Anthony Lewis takes a simply phrased law, the First Amendment and shows how complex freedom of speech really is once put into the real world of freedom, as we know it. He shows through his rejections of absolutism, strong support towards freedom restriction, and objective analysis of Chief Justice Oliver Wendell Holmes, that the United States press is unlike any other in the world.