US Constitution and Bill of Rights - Questions and Answers

U.S. Constitution

1. Explain prior restraints, defamation, and sedition of the freedom of freedom of speech and freedom of the press

Freedom of speech in United states are usually protected by the constitution, the only things that are not protected are cases of obscenity, defamation, war words and any form of incitement to start of riots. The other exceptions to the protection of the bill of rights on freedom of speech are harassment, privileged communications, trade secrets and any classified materials belonging to a business establishment or a company (Lieberman, 1999, p. 35). The protections and limitations to freedom of speech also extend to hate speech that is spread through commercial speech. Prior restrain is the point where the government issues a restrain to a speech before it is made. However, the government should be in a position to explain to the Supreme Court the need to restrict such speech. Defamation describes any words used by another party to spread false-hood with an intention of harming their reputation in public. Seduction is a protection act that protects citizens from abusive language that can be used in speeches to cause harm to the public. The Supreme Court needs to have a definite explanation on the need to have restrictions.

2. List and explain three other unprotected forms of speech not included in one’s First Amendment rights. Provide examples of each.

Some of the unprotected forms of speech are political forms of speech that are anonymous in nature, this is evident in the case Talley v. California, 362 U.S. 60 were struck down by the court since it wished to block any form of anonymous pamphlets that were bearing political messages (Lieberman, 1999, p. 36). Another form of unprotected form of speech is campaign financing. There were efforts to make collection of funds unlawful that are intended to be used in a political movement. The supreme court on a case; Buckley v. Valeo, 424 U.S 1(1976) it was able to overrule a clause that wanted to instill a restriction on how political parties spent their money since it would be a form of restraining political speech (Lieberman, 1999, p. 42). The other form of unprotected freedom of expression is the activities that cause harm to the national flag. It is considered illegal to cause any form of defacing of the national flag. However, in a case; United States v. Eichmann, 496 U.S. 310 (1990) the Supreme Court struck down efforts to denounce burning of a flag citing ambiguity in the constitution on the forms of expression (Lieberman, 1999, p.