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limitations that should be on freedom of speech
limitations that should be on freedom of speech
freedom of speech in a free society
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Imagine yourself in a world where you could not say what you wanted, or express how you feel. Everyday thoughts that are said out loud like, “Man, this lesson is dumb” were no longer permitted to be anything other than thoughts. Many people in other countries have rules and regulations on what they can and cannot say. The First Amendment of the United States Constitution gives Americans the right to free speech (Lakoff 260). Learning to speak is something our parents praise us for when we are little. Why, after all the waiting time they endured, would parents let strangers decide what their child could or could not say. Censorship of language and speech is becoming too strict.
Although we have the right to freedom of speech there are some restrictions such as “fighting words” that are not permitted by the First Amendment. The essay “There's No Such Thing as Free Speech, and It's a Good Thing, Too” by Stanley Fish, contains information about the court case Chaplinsky v. New Hampshire. The court declared in the Chaplinsky v. New Hampshire case that, “some forms of speech are not really speech because their purpose is to incite violence or because they are 'fighting words,' words likely to provoke the average person to retaliation, and thereby cause a breach of peace” (Fish 307) Chaplinsky was a Jehovah's Witness who got into a verbal argument with the town marshal. Chaplinsky was arrested and found guilty for calling the town marshal a “Goddamned racketeer” and a “damned Fascist” (Lakoff 264).
In the Chaplinsky v. New Hampshire case, the courts assumption was, “that some words are so very bad that on hearing them, an ordinary person must strike out (as reflexively as, when the doctor taps your knee with a hammer, you have to j...
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...ities in life and one of those is to realize when their thoughts and opinions are welcome and when they are not. These same people also know that they have the right to say what they want, they just should also know to have enough respect for the people to whom they are speaking. Everyone has rights and they should be able to keep them. Take advantage of your rights while you still have them.
Works Cited
Fish, Stanley. “There's No Such Thing as Free Speech, and It's a Good Thing, Too” Exploring Language. University of Oklahoma ed. New York: Pearson Custom, 2009. 304-16. Print.
Kors, Alan. “The Betrayal of Liberty on America's Campuses” Exploring Language. University of Oklahoma ed. New York: Pearson Custom, 2009. 294-300. Print.
Lakoff, Robin. “Hate Speech” Exploring Language. University of Oklahoma ed. New York: Pearson Custom, 2009. 259-66. Print.
Throughout America, people place a high value in their freedom of speech. This right is protected by the first Amendment and practiced in communities throughout the country. However, a movement has recently gained momentum on college campuses calling for protection from words and ideas that may cause emotional discomfort. This movement is driven mainly by students who demand that speech be strictly monitored and punishments inflicted on individuals who cause even accidental offense. Greg Lukianoff and Johnathan Haidt discuss how this new trend affects the students mentally and socially in their article The Coddling of the American Mind published in The Atlantic Monthly. Lukianoff and Haidt mostly use logical reasoning and references to
The documentary, Shouting Fire: Stories from the Edge of Free Speech, shows us just that: stories from a range of people who have danced on the line of what is considered “free speech,” a first amendment right. The first amendment, according to the US Constitution, reads: “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 two stories that jumped out at me were the stories told by Debbie Almontaser and Chase Harper. Though each of their stories are very different, each story has a similar lining to it in regard to the
There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words those which by their very utterance inflict injury or tend to incite an immediate breach of the peace (Downs 7).
People think they can tell you what you can and can't do! People think we should not step out of a certain boundaries. that we all need to walk in a straight line. They say don't stray from your path. This is not 1915 anymore this is 2015 we have developed over time. Nowadays almost everyone cusses. people wear clothes our grandparents would be ashamed of. They go out in go to clubs and dance inappropriate, women sell there bodys.people are diffrent they are not shy, It's a new world so why censor things.
It’ unanimous! With those two words, the U.S. Supreme Court declared that ‘fighting words’ were not protected under the constitution and etched out an exception to the First Amendment known as the Fighting Words Doctrine (Clark). The doctrine came out of the 1942 Chaplinsky v New Hampshire. New Hampshire State court found Chaplinsky guilty under its public law that “prohibited another person from expressing offensive, derisive and annoying words and names to anyone else in a public place” (Hudson) commonly referred to as ‘fighting words.’
From the opening sentence of the essay, “We are free to be you, me, stupid, and dead”, Roger Rosenblatt hones in on a very potent and controversial topic. He notes the fundamental truth that although humans will regularly shield themselves with the omnipresent first amendment, seldom do we enjoy having the privilege we so readily abuse be used against us.
And even though the First Amendment grants us the freedom of speech, including such hate speech, there are limits. The federal and all state governments, including public colleges and universities and private schools that accept federal financial aid, cannot unnecessarily regulate speech, with the following exceptions: “obscenity, figh...
When the individual gets attacked verbally because of their controversial statements, they claim that they had the right to speak their mind no matter how disturbing their words were. They use the First Amendment as a cover for their wrong-doings, and that is never okay. They need to be educated on what they can and cannot say. Just because the First Amendment guarantees a person the freedom of speech, does not mean that they are entitled to say whatever they please. The article “Freedom of Speech” explains if an individual were to use “fighting words” then they are automatically not covered under their First Amendment. The Supreme Court decided in the case Chaplinsky v. New Hampshire that “fighting words” were not constitutional, so they would not be protected under the First Amendment (2). Many people misunderstand that much of their opinions that they speak consists of words that are unclear. More than half of the time the words they use in their statements are considered to be fighting words, for they are rude and ignorant. There is no need for the obscene words that they use to be protected under the First Amendment. They must become aware of their lack of knowledge for what “fighting words” are; furthermore, they
Charles R. Lawrence III adresses the matter in his essay “The Debate over Placing Limits on Racist Speech Must Not Ignore the Damage It Does to Its Victims,” by providing the perspective of those on the reciving end. He explains that “racial slurs are particularly undeserving of First Amendment protection because the perpetuator’s intention is not to discover truth or initiate dialoge, but to injure the victim” (628). This argument is justified because some people do take their freedom of speech as far as offending someone because of their race, cultural, and social beliefs. As Cinnamon Stillwell proved in her essay, “Mob Rule on College Campuses,” some students do become bullies when their beliefs are challenged. Stillwell illistrates a situation that occurred at Columbia University when conservative Jim Gilchrist was invited to speak but was unable to because rioting students did not allow him. Stillwell then goes on to say that “Apparently in their minds, niether Gilchrist nor anyone else with whom they disagree has the right to express their viewpoints” (623). This can be applied to both sides because both of them seem to believe that the opposing belief has no right to speak especially when it is controversial. Lawrence mentions that “whenever we decide that racist speech must be tolerated because of the
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 protesting march Johnson burned an American flag. The research for this paper will allow the reader to examine some of the different ways that free speech can be expressed, to what extent it may or may not be expressed and possibly where free speech may or may not be prohibited.
What if people were punished, put in jail, or even killed, just for expressing their opinions?
Freedom of speech cannot be considered an absolute freedom, and even society and the legal system recognize the boundaries or general situations where the speech should not be protected. Along with rights comes civil responsib...
Freedom of speech has been the core principle we have fought long and hard for centuries to achieve. It is the fundamental reason why the founders seperated from England and started their own colonies on the idea of becoming free. In recent times the idea of freedom of speech has been put into question as there has been incidents for years of racism, religious differences and discriminatory abuse. What comes into question is what exactly is your freedom of speech rights and what should be and should not be said in the public eye. The problems that we see arising in today’s society is discrimination and abuse against one another for opposing views and what exactly should your freedom of speech rights entail to as many hate crimes have occurred
Words are very powerful, and sometimes the words we use offend people. Freedom of speech is highly valued but what happens when your freedom becomes hurtful or disrespectful to someone else? There are so many different kinds of people and different things that offend each person. In this day where we are more inclined to say whatever we want, we see more and more offense being taken to the words that get said. It's hard to understand why certain words can be insulting to someone when it may not seem that way to you. We have to ask ourselves, why do we care what other people say and should we censer everything that goes into the public just so people don't get offended?
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