The First Amendment of the United States Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Does this mean that freedom of speech cannot be prohibited in any way? Are there any reasonable arguments for limiting speech? In this paper, these questions will be examined along with a discussion of where the basic right of free speech originated. Today, society or government can attempt to regulate speech, but it cannot prevent it if a person is within the parameters of his or her constitutional rights. …show more content…
The second point by Domino concerning freedom of expression was the issue of symbolic and offensive speech. The conduct of this type of speech does not necessarily involve oral or written communication of a political nature or a particular set of ideas (48). Domino contends that, “Constitutional rights are possible only when there is some means of promoting and enforcing the obligations of others to respect our right” (50). Furthermore, in relationship to offensive speech are Domino’s third and fourth points of racist speech and hate speech, which often produce a negative or a violent reaction in people (66). The Supreme Court has said, “The First Amendment permits the government to prohibit offensive speech as intrusive when the ‘captive’ audience cannot avoid the objectionable speech…” (72). In other words, a person simply wanting to do or say whatever they want is not necessarily permitted if it becomes an infringement upon someone else’s personal rights. Domino’s last point is certainly the most controversial topic associated with freedom of expression. With the issue of competing rights, especially the subject of abortion, the challenge becomes between society’s interest in safety and public order and someone’s constitutional rights (81). The Supreme Court has recognized that the right of free speech includes the right to persuade others to change their viewpoint. The message is permitted even if it may be offensive to the recipient
Freedom of speech is defined by the first amendment as “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of
1. The measure of a great society is the ability of its citizens to tolerate the viewpoints of those with whom they disagree. As Voltaire once said, “I may disagree with what you have to say, but I will defend to the death your right to say it” (Columbia). This right to express one's opinion can be characterized as “freedom of speech.” The concept of “freedom of speech” is a Constitutional right in the United States, guaranteed under the First Amendment to the Constitution:
America’s first president George Washington once argued at the [whenever he said this] that “If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.” It is an essential component to the daily life of any constitutional republic, such as that of the United States even though it is a right granted to all American citizens, in the past, freedom of speech has been abridged to accommodate political correctness, to prevent disruptive behavior that could negatively affect others, and to protect confidential military information.
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.
This paper will examine the first amendment’s right to free speech based on three different Supreme Court cases and how there are varying examples of free speech. In the case of Snyder v. Phelps, Snyder sued Phelps, the Westboro Baptist Church, for intentional infliction of emotional distress, invasion of privacy by intrusion upon seclusion, and conspiracy because the church set-up protest outside of his military son’s funeral service (Chen et al., 2010). Another side of free speech involves a case which allow schools to restrict speech that is promoting illegal drug use. To examine this view this paper will look at the case of Morse v. Frederick. Lastly, this paper will look into the case of Texas v. Johnson. At the end of a
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.
Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which states that “congress shall make no law
There are many elements of the First Amendment of the United States Constitution to address. The area of the Freedom of Speech applies to every aspect of our daily lives. An examination of this area shows us why there are protected and unprotected areas of speech: speeches and actions that have been debated throughout our nation’s history and why they are important and have such an impact on our individual lives and social activities today.
With all the freedom that we have, we must remember that Freedom of Speech is not absolute. The United States Supreme Court ruled that the United States government has the right to limit speech. The question then becomes, “Where do we cross the line with free speech?” What type of speech is “impermissible”? According to government of the United States, offensive speech such as libel, obscenity, and fighting words that may incite violence should be limited or banned.
The United States of America is a symbolic icon for liberty and justice and an advocate for people’s rights. One of the most known things around the world is how the United States protects the freedom of speech more than any other nation. Two hundred years the Founding Father’s First Amendment that preserved the freedom of press, petition, speech, religion, and assembly has been under a shadow of uncertainty. There is questions in the political world of how far will the First Amendment protect the freedom of speech? In this era there has been a transition in society, one where there are more pressures to be inclusive in the United States to help with the betterment of all. With that, a trend was introduce into similar cases that reached the Supreme Court, one that questioned the constitutionality of limiting matters like hate, or offensive speech. The free speech clause should protect offensive speech, despite the negative connotations that are from it, because there is this concept that if one thing is prohibited what is the end to these limitations that are without basis. The case Matal v. Tam represents this idea and supports an unabridged First Amendment, except when there is imminent harm to citizens.
Free speech is the backbone that holds democracy together. Without a free speech, ideas would not be challenged, governments would not be kept in check, and citizens would not be free. John Stuart Mill said once that, “If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person then he, if he had the power, would be justified in silencing mankind.”( Roleff, 21). The right to free speech is essential to “egalitarian democracy,”(Tsesis) however, this right is not absolute and must be limited in certain situations.
While some believe freedom of speech violates the rights of others, it is one of the most fundamental rights that individuals enjoy. In this argumentative essay, I’ll discuss why freedom of speech is important, but it’s not the only important right that we have. Yes, freedom of speech should be absolute, but we should not give anyone the chance to define reasonable restrictions. But 'hate speech' should strictly be restricted, as it infringes on free speech of others.
No matter how fervently someone believes in the justice of his cause, suppression of the free exchange of ideas is failure at best or downright wrong. The power or might behind an idea does not make the idea right. Many powerful people throughout history have been wrong. Few people, if any, would judge "Mr. Smith Goes to Washington" to be subversive or wrong. In 1939 Ambassador Kennedy was so caught up in the fears of the times that he was willing to use the power of his money to protect the world against a film. When people are caught up in the movements of their time, all people must be extra zealous to guard and encourage freedom of expression. Otherwise, a mob mentality reigns, and people
On this world today free speech has been a standout amongst the most battled after rights in the United Conditions of America. The right to speak freely was received on December 15, 1791. The right to speak freely is secured by the main correction in the Constitution of United States, which is the privilege to explain one’s suppositions and thoughts without dread of government countering or control, or societal endorse. Free discourse is imperative in the public arena since we are allowed to create as individuals and end up noticeably mindful of what is happening around us. The right to speak freely played an extremely vital part in how and our identity today and is the principle motivation behind why we
Freedom of expression, and open access to media, are as fundamental to the survival of Progress as the sun and rain are to the survival of planet Earth. Yet censorship remains a traditional response of any group that finds itself offended at another's message or creative indulgence.