preview

The Importance Of The First Amendment

Good Essays

I. What is the core issue at hand? The first amendment of the United States constitution states that Congress shall make no law respecting an establishment of religion, prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances. The first amendment advocates freedom of speech which allows people to express their ideas creatively through fictional works (Piety, 2012). Fictional works are made up and are not supposed to be viewed as being real or factual. Fiction can be commercial, which includes sub genres like mystery, romance, thriller, western, suspense, and science fiction. Literary fiction includes …show more content…

However, even though fictional works are protected, there have been several instances when the Courts held that the first amendment didn’t protect certain kinds of fictional works in order to protect the public’s interest and individuals rights. The courts can restrict fictional works if they include; defamation, objectionable religious views, sexually explicit material, offensive language, unsuitable material for children, nudity, racism, and sexual education, among others. (Douglas & Joseph, 2011). Over the years, the courts have placed limitations on free speech in an attempt to provide an equitable balance between preserving authors freedom of speech and protecting individuals …show more content…

Fictional works can reveal powerful messages that can sway the audiences opinions to think a certain way. Some materials included in fiction such as obscenity, racism and violence can have a negative influence on people who view it regardless of their knowledge of it being fake. If a fictional novel was written based on someone that a majority people can identify from the book, people can potentially associate that person with the stories in the novel regardless of the fictional label. Even if the things that were said about individuals are not always necessarily harmful and said with evil intent, individuals still deserve their right to privacy. (Prechel,

Get Access