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Importance Of Freedom Of Speech

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Hate Speech- Should it Be Protected By the Freedom of Speech Clause
Freedom of speech is a right that allows one to express their opinions on a number of things without the fear of the Government interfering, as long as it does not cause harm to people. This Amendment is essential for constant progress in society and speak up about things that people feel is wrong. People should feel comfortable expressing their opinions and exchanging their thoughts with those who may disagree, not to feel threatened or afraid just by being in society or out in public. There are laws that prohibit any forms of harassment, including racial and sexual, in an educational or work place. There are also laws that prohibit discrimination and defamation against a person’s character. The First Amendment protects a lot of speech and/or actions, but there are some forms that are not protected. Hate speech should not be protected under the Free Speech Clause as that is someone’s way of intentionally offending and hurting someone by belittling, dehumanizing, and sometimes threatening another person’s life.
While Freedom of Speech protects forms of expression based on one’s opinions, as long as it does not cause harm, there are a few forms that are no longer considered protected under this clause. For example, Chaplinsky v. New Hampshire (1942) was a defining moment that found “fighting words” to be unprotected by the free speech clause as they tend to inflict injury or breach the peace. Walter Chaplinsky was passing out pamphlets on a public sidewalk that caused people to gather around. When a city marshall, who had already warned Chaplinsky about the disturbance and was approaching again, Chaplinsky addressed the marshall as a “God damned racketeer” and “a damned fascist.” He was arrested and convicted of violating the breach of peace (Chaplinsky). Despite Chaplinsky feeling that this conviction violating his First Amendment, The Supreme Court held that it did not and that there are “well defined and narrowly limited classes of speech” that fall outside of constitutional protection (Chaplinsky). Consequently, this case is showcasing that not every category of speech is constitutionally protected just because of the First Amendment. Hate

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