The People vs. Larry Flynt

According to “Freedom of Speech” by Gerald Leinwand, Abraham Lincoln once asked, “Must a government, of necessity, be too strong for the liberties of its people, or too weak to maintain its own existence (7)?” This question is particularly appropriate when considering what is perhaps the most sacred of all our Constitutionally guaranteed rights, freedom of expression. Lincoln knew well the potential dangers of expression, having steered the Union through the bitterly divisive Civil War, but he held the Constitution dear enough to protect its promises whenever possible (8).

This year’s election alone has brought about many emotions and deep rooted feelings that have not come out in years. Hate speech and actions carried out because of hate speech has cause a deep division in American culture. Groups like “Black Lives Matter”, “All Lives Matter”, and “Alt-Right” are all under fire for things that have been said or done in the names of these groups. There has been terrorist attacks in the names of religious groups whom believe that a newspaper or group has insulted their religion, beliefs, and gods. Not to mention our own President Elect of the United States, Donald Trump, has been accused of fueling much of the hate speech we see today. This begs the question, should freedom of speech have any restrictions or be limited in any way, or is that unconstitutional? To look at this we must first identify what “Freedom of Speech” is as defined in the constitution and how it relates to current issues in the world and in America, then I will talk about some situations where regulation is already put in place in America, lastly we will look at some situations where I believe freedom of speech could use some clarification or restriction.

     The first and inargueably the most significant of the amendments to our Constitution is the First Amendment. The amendment that established our freedoms as citizens of our new confederation. The First Amendment insured, among other things, freedom of speech and of the press. Since the establishment of these rights, they have often been in question. People have debated over, "What is too much freedom?", and "When is this

Throughout history, the United States Constitution has been put to the test over the issue of free speech. The First Amendment 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." Even though free speech is one of the core American values proudly embedded in each citizen, some poopAmericans find themselves torn between whether or not to limit the freedom of speech on behalf of hate speech. Most law-abiding citizens disagree with hate speech, but must realize even speech that promotes hate, racism, and even crime

As of today, the supreme court has interpreted the first amendment to say “The First Amendment provides no protection for obscenity, child pornography, or speech that constitutes what has become widely known as “fighting words.” The First Amendment provides less than full protection to commercial speech, defamation (libel and slander), speech that may be harmful to children, speech broadcast on radio and television (as opposed to speech transmitted via cable or the Internet), and public employees’ speech.”(Ruane, Kathleen Ann) with this loose definition in mind many people have begun to think whether freedom of speech should be further limited to several cases seen in recent years such as what happened in Charlottesville, Virginia.

The first amendment, the right of freedom of speech is one of the most important classic fantasy to almost anyone living in the United States, building the foundation of our nation. This right gives us plenty of different opportunities to express our opinions and political viewpoints on any issues in America. But it comes with a price, people have been protesting multiple different events trying to prevent people from expressing opposing opinions or political viewpoints on that has issues in America. For the minority of people, expressing a different opinion should be protected no matter how controversial or insensitive it may be.

Neil Gaiman once said, “The current total of countries in the world with First Amendments is one. You have guaranteed the freedom of speech. Other countries don’t have that.” At the time of the amendments’ creation, a vast majority of operating countries had not yet granted their people such freedoms. Granting every citizen of the United States this right seemed to have been an important landmark in this nation’s history. Along with others, this right is declared to the people in the first amendment of the constitution. The first amendment is the most important because it grants people freedom of speech, prohibits prior restraint, and declares the right to peaceable assembly.

A very popular constitutional issue in America is the First Amendment. The First Amendment is meant to protect, but in today’s society it is being questioned that the argument is being overly used. The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference (Esmaili). Freedom of religion created the separation of church and state. It prohibits the government from interfering with a person's practice of their religion. The right to freedom of speech allows individuals to express themselves without government interference or regulation. The right of freedom of expression gives the right to assemble and gather for peaceful and lawful purposes. It was adopted into the Bill of Rights in 1791. The Court later interpreted the Due Process Clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. Putting this is layman’s term, you can pretty much say what you want without being penalized.

Over time the Supreme Court has decided that certain aspects of freedom of speech are more important than others. For example, if someone used their First Amendment rights to lie about things they knew were false, threatened to commit a crime, insult another person, or used overly explicit content, the courts have moral grounds to prosecute those persons. It makes sense that if someone’s freedom of speech lessened another person’s right to freedom of religion or freedom of opinion by instilling fear, that is an unfair use of the First Amendment. These parameters, although not specifically outlined in the Bill of Rights are very important to protect everyone’s right to feel safe believing the things that they do.

The First Amendment one that is watered down, serves as example of the freedom we as Americans have. It is best known as the amendment that lets us say what we want when we want. There is more to it that gets overlooked. It blocks government from establishing a theocracy, grants the people the right to peacefully assemble and protest the government for a redress of grievances. Our press is independent and is given freedom to publish at will. Our freedoms embolden us to speak out and organize for progress and against society's wrongs. Sometimes groups will organize to speak out but will sink to extreme measures as a means of expression. The first amendment has seen challenges in recent months. “Donald Trump referred to the press, and I'm quoting his exact words, as "dishonest, disgusting, and scum."Just ten days ago, you might have heard in a press conference, President Donald Trump said that the "press is out of control."(Chemerinsky, 553). To clashes between different ideologies on college campuses with some initiating riots. The first amendment grants many freedoms, however it does not grant protection from consequence.

The first amendment to the constitution is one that never seems to be debated itself, but its interpretation is often times debated. In saying this I mean that most everyone agrees that people should have the right to free speech, but what is often debated is where to draw the line. The question is, what is the difference is between someone using their right to free speech and them spewing hate speech. The first amendment is quite possibly the most important to maintaining our form government. It allows us, the people to have a say and speak on political topics among other things. The full first amendment, which was officially put into place alongside the second amendment in 1791, is made up of, for the most part, two basic points. It touches on religion and preventing freedom of speech or press “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.” The first of these points that touches on religion was first formed based upon one of the main reasons that

So the need for more drastic, shock and awe type actions from people desiring to be heard on any particular matter has been brought to the forefront. This is where the Bill of Rights has drastically come into play. At this point the Supreme Court has to protect the freedoms without stripping Americans of their rights entirely but it also has to protect Americans from those who wish to do harm to others under the protection of freedom of speech or expression. Not only does the First Amendment provide for freedom of speech but also freedom of expression which is as equally controversial. By examining the First Amendment and the protections and exclusions it has provided over the years through three highly controversial cases, it will allow the reader some insight into the difficulties surrounding the protection of free speech. The cases that are to be examined are Snyder v. Phelps, Morse v. Frederick and Texas v. Johnson. All of these cases present a different freedom of speech or expression issue that was brought to the Supreme Court and therefore, set a standard for future rulings regarding that particular issue.

Being expression one of the most important rights of the people to maintain a connected society right to speech should be accepted to do so. The first amendment is one of the most fundamental rights that individuals have. It is fundamental to the existence of democracy and the respect of human dignity. This amendment describes the principal rights of the citizens of the United States. If the citizens were unable to criticize the government, it would be impossible to regulate order. By looking freedom of speech there is also freedom of assembly and freedom of press that are crucial for the United States democracy.

The First Amendment, in substance, does not provide absolute protection for all forms of speech, press, assembly, petition and association. It is not absolute. As a balance for interest of speech against competing government interest, an evolution of balancing tests were created and modified by the Supreme Court hence the Free Speech Clause.

Along the same lines, the 1st Amendment guarantees U.S. citizens freedom of speech. On June 8, 1789 this amendment was put into the constitution. Madison said at the time, ''the people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.'' Well in 1917, this inviolable right of speech was no longer inviolable. The Supreme Court decided that you only have the freedom of speech while not endangering others or presenting a clear and present danger. That seems fair. This makes the law able to punish people who pull a fire alarm when there’s no fire, or call in a false bomb threat, but since when was handing out a pamphlet that had your beliefs on it illegal. Ask Charles Schenck and Elizabeth Baer who were charged and prosecuted for making pamphlets talking about