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Free Expression: Brandenburg V. Ohio

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The First Amendment promises that the government cannot take away our freedoms including speech, press, assembly, and religion. One tremendous part of this amendment is free expression. Free expression is important because of how necessary it is for our representative government, it encourages individual growth, helps advance knowledge, and it is key to bringing about social change, thus protecting individual rights. In the year 1969, the Supreme Court decided on a case that challenged free expression called Brandenburg v. Ohio. This case was about Brandenburg, a leader of the Ku Klux Klan, speaking at a Klan rally and later televising the event. Brandenburg was charged under the Ohio’s criminal syndicalism law in the tense that his rally …show more content…

Freedom of expression has multiple limitations. Some advantages of these limits include protecting people from slander, protecting the government from losing top secret information and, protecting citizens from false advertisement. Some disadvantages include a group or person could use defamation of character toward an individual, group, or business, but as long as they are not inciting crime or violence the government cannot convict them under the first amendment. This makes it difficult to carry out a conviction such as in McCoy v. Stewart. In this case McCoy was convicted for encouraging further gang crime but he requested an appeal, and the case made its way to the Supreme Court. The court ruled that Mccoy’s actions didn’t fulfill all the requirements of the Brandenburg test, specifically the part including “imminent lawless action”. This is an example how difficult it may be bringing justice to criminals while following the many detailed steps and freedoms that must not be infringed upon. The First Amendment of the U.S. Constitution states that “Congress shall make no law abridging the freedom of …show more content…

Des Moines Independent Community School District applies to the speech of students on their social media accounts remains to be unanswered by the Supreme Court. In fact, the court denied the case of Taylor Bell, who was suspended and sent to another school due to a “threatening, intimidating, and harassing” rap song he wrote that included negatives about his school at the time. If the court took this case it would have set a precedent for student social media cases all around. Instead we are left to ponder the application of the constitution and how suppression of speech should affect the media. So far, courts have mostly sided with the administrations of schools, rather than the students who believe their rights have been violated. Although In some cases, like the one of college student Navid Yeasin, Tinker’s case has been upheld, while in others, such as the case of college student Craig Keefe, it has been disregarded. It depends on the case’s details and how offensive and frightening the posts seem. Although courts try to justify rulings with pure facts, opinion is a prominent source when deciding if a post is too extreme or not. Within the controversy, the panel has came to one consensus regarding if Tinker v Des Moines should apply to social media. If a student posts something about a staff member that is dangerous and potentially harmful then that should be a very serious offence and have serious consequences. Although,

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