Negative Effects Of Federalism And Free Speech

1838 WordsOct 3, 20178 Pages
Introduction AND Thesis Statement 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…show more content…
Another impact that federalism has on free speech is Justice Harlan’s argument, in which he argued “that state speech restrictions be given more leeway than federal ones.” (Ivers, 2013) By expanding state speech and limiting restrictions towards the same privileges as the federal government shows the people that the American government on all sides of the Constitution that is bounded by law, giving the local and state government control to positively influence society. When a society can trust and rely on state and local authority it will gain the most structure from the people, instead of constantly depending on the federal government to control state disputes. “Federalism, as it is understood in its most basic form, creates a multilevel government that permits the national and various state governments to operate in parallel fashion.” (Ivers, 2013) One real world case and point would be Cohen v. California, where “a 19-year-old department store worker expressed his opposition to the Vietnam War by wearing a jacket that said FUCK THE DRAFT. STOP THE WAR." (Oyez, 2016) In that case held by the state, a majority opinion by Justice Harlan that even though it was not directed to anyone, it could be provoked into some kind of physical action. After careful research one negative impact of federalism on free speech would be the implementation of the Sedition Act of 1798. The Sedition Act of 1798 is documented to be “ a major turning
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