The right to free speech is one of the most precious rights an individual has as a citizen of the United States of America. This right gives people the opportunity to speak their mind and give their opinions of what they think should happen. These rights have been questioned and debated throughout history, and have produced extremely positive things in a lot of cases. The controversy of these rights are not secluded to one era of time; they have been questioned many different times, in many different ways. In modern times, people are always protesting something and in the colonial times it was the same. People wanted their voice to be heard and as long as it is done in a peaceful manner it is legal now, but it resulted in punishment for the colonists. People have never wondered whether or not these rights should exist, the questions involve whether there should be limits or not. I believe that there should be limits on what you can and can’t say, just like there is a limit on what you can and can’t do. Democracies have long grappled with the issue of if there are limits to place on the expression of ideas and beliefs. The dilemma dates back at least to ancient Greece, when the Athenians, who cherished individual freedom, prosecuted Socrates for his teachings, claiming that he had corrupted young people and insulted the gods. The Framers of the Constitution guaranteed freedom of speech and expression to the citizens of the United States with the First Amendment, which
It is probably no accident that freedom of speech is the first freedom mentioned in the First Amendment: "Congress shall make no law...abridging the freedom of speech, or of the press, or of the people peaceably to assemble, and to petition the Government for a redress of grievances." The Constitution's framers believed that freedom of inquiry and liberty of expression were the hallmarks of a democratic society.
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.
In order to find truth to anything, one must make multiple suggestions, ask many questions, and sometimes ponder the unspeakable. Without doing so, there would be no process of elimination; therefore, truth would be virtually unattainable. Now, in our attempts to either find truth, express our beliefs and opinions, or generally use the rights we are given constitutionally, we are often being criticized and even reprimanded. Our freedom to voice our opinion(s) is being challenged, as critics of free speech are taking offense to what seems like anything and everything merely controversial and arguably prejudice. As people continue to strive for a nation free of prejudice and discrimination, where everyone is equal, safe and
Free speech is by far the most commonly recognized freedom in our everyday lives. The freedom of speech allows us to voice our own opinions without the severe repercussions of some countries. It allows us to say what we really feel and helps us learn how to communicate in true and meaningful ways. Along with this freedom, we must remember that there are limits to this freedom. While being arrested “you have the right to remain silent” and anything you say can be used against you in court. This freedom is not one to be taken for
After reading the transcript of the speech, “The Spirit of Liberty”, given by federal judge for more than 50 years, Learned Hand, who served most of the time on the U.S. Court of Appeals for the Second Circuit in New York, my idea of what it means to be an American was slightly shifted. The statement made by Hand which really caught my attention was, “What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes.” I agree with Hand in the sense that the constitution can only serve purpose to our country if we, as Americans, learn to be truly accepting.
In American tradition, the value of the individual, and individual opinion, is held in high esteem. Free expression is the means by which consensus is reached and central authority is balanced. In this democracy,
This paper will examine the first amendment’s right to free speech based on three different Supreme Court cases and how there are varying examples of free speech. In the case of Snyder v. Phelps, Snyder sued Phelps, the Westboro Baptist Church, for intentional infliction of emotional distress, invasion of privacy by intrusion upon seclusion, and conspiracy because the church set-up protest outside of his military son’s funeral service (Chen et al., 2010). Another side of free speech involves a case which allow schools to restrict speech that is promoting illegal drug use. To examine this view this paper will look at the case of Morse v. Frederick. Lastly, this paper will look into the case of Texas v. Johnson. At the end of a
Freedom of speech, the First Amendment to the United States Constitution, “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peacefully to assemble, and to petition the Government for a redress of grievances.” The First Amendment is a primary tenant among the liberties our forefathers intended to be bequeathed to future generations of Americans. They sought a world better than the one that they were born or immigrated into under British rule.
War and rage wrestled with the harmony of freedom, the tear-felt cries of patriots echoed across the vast seas, and glistening, ink strokes wrote the keys to America’s foundation. Our Founding Founders consisted of fifty-five individuals that sought a free republic for the nation’s citizens. These founders wrote and laid the foundational tools that the United States of America still stands on in the twenty-first century. However, over time our government has tampered with the very foundation laid by our Founders, causing our liberties to be placed in jeopardy.
Over the course of American history, many have taken the First Amendment right of freedom of speech and created wonderful things out of it. Alice Paul is an excellent example: she utilized her right to free speech and press to promote the equality of women and earned them the right to vote, in the midst of World War I. However, many take it the other way and create hate speeches where they tear down one particular group or individual or idea with their crude and blunt remarks. Yet, they are protected by the freedom of speech and the government cannot interfere with their actions, causing many to argue the First Amendment Right cannot be extended to anyone making hurtful remarks. Hate speeches need to be protected by the freedom of speech, as shown in legal documentation, moral issues, and the benefits it creates.
Have you ever thought about why we have a right to speak? The Freedom of Speech allows us to express our opinion,to show we have a say in things,and everyone has the right. The Bill of Rights states that congress shall make no law prohibiting the Freedom of Speech. Everyone should have the right to state their opinion.
Like most democratic nations in the world, the United States has had its own fair share of issues with hate speech. There has been a lot of controversy over whether hate speech should be regulated. In analyzing the concept of free speech, one cannot ignore that it does not occur in a vacuum. There have been all types of debasements ranging from ethnic, religious, racial and gendered stereotyping. Freedom of speech inherently includes all other fundamental human rights. Hence, as acknowledged through natural rights, other rights and personhood should adamantly be included within this scope of this protection. Hate speech is a limit on free speech, as it not only puts the victim under deliberate psychological and physical harm, but also
Free speech should not be restricted. The first amendment gives the right for anyone to say whatever he or she wants, whenever they want and guarantees us the privilege to speak our minds without limitations. Our right to free speech is one thing that sets the United States apart from any other country. Since September 11, 2001 all
The founders of the United States government tried to protect our liberty by assuring a free press, to gather and publish information without being under control or power of another, in the First Amendment to the Constitution. We are not very protected by this guarantee, so we concern ourselves on account of special interest groups that are fighting to change the freedom of expression, the right to freely represent individual thoughts, feeling and views, in order to protect their families as well as others. These groups, religious or otherwise, believe that publishing unorthodox material is an abuse of free expression under the First Amendment. As we know, the Supreme Court plays an important role in the subject of free speech and
The Constitution of the United States states in its First Amendment that "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" (Funk & Wagnalls 162). This Amendment guarantees each person of free speech. Does this mean that a person can stand in the middle of the street and yell anything he wants? No, society, even though it cherishes freedom of speech, does give this freedom certain restrictions.