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Freedom of Expression Is Vital to a Free Society Essay example

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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

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