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Human nature critique essay
Human nature critique essay
Human nature critique essay
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Theories on the relationship between freedom of speech, expression and democracy can be critically assessed through the comparative and contrasting of Alexander Meiklejohn (1948) and Jürgen Habermas’s (1964) views in their published works. ‘The Town hall’ theory as outlined by Meiklejohn (1948, p.22) and ‘The Public Sphere’ theory as outlined by Habermas (1964, p.49) have similarities in relation to expression and democracy such as the mutual agreement they have on realizing you cannot achieve democracy unless all individuals are valued as equals. Similarly they both acknowledge the created space for unabridged political discussion and an individual being able to express their opinion. Furthermore the similarity in both theories of individuals being self governed and not controlled by the state will also be analyzed. However in recognizing these similarities there are also limitations on both theories in which the restriction of an individual being autonomous will be addressed.
The first similarity between Meiklejohn (1948) and Habermas (1964) is in relation to the created forum for discussion in which a free man is able to attend. As Meiklejohn notes (1948, p. 22) ‘Every man is free to come…They meet as political equals’. Meiklejohn is implying that each and every individual is allowed to come to a place of mutual agreement in which a subject matter that is of public interest will be debated. Further more when a free man is in attendance at the town hall meeting he is every bit a part of the political system as the other men in attendance. The public sphere is a place in which people can express their opinion in a social setting where private people come together in the form of what is known as the public sphere Habermas (196...
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...risons it is evident the flaws as well if an individual wants to be autonomous because there are restrictions
Works Cited
Habermas, J., Lennox, S., and F, Lennox (1964) “The public sphere: and encyclopedia article” New German Critique, No. 3 (Autumn 1974), pp. 49 – 55.
Kellner, D 2000, ‘Habermas, the Public Sphere, and Democracy: A Critical Intervention”, in Edwin Hahn, L ‘Perspectives on Habermas’, Open Court, Chicago and La Salle, Illinois, pp.259-289.
Meiklejohn, A 1948, Free Speech and its Relation to Self-Government, Harper Brothers, pp. 16 – 27
Redish, H.Martin & Mollen, Abbie Marie 2009, ‘Understanding post’s and Meiklejohn’s mistakes: The central role of adversary democracy in the theory of free expression’, Northwestern University Law Review, pp. 1303-1306
Schaurer, F 1982, Free Speech: a philosophic enquiry, Cambridge University Press, pp. 40 – 44
Alonso, Karen. Schenck v. United States: restrictions on free speech. Springfield, NJ: Enslow Publishers, 1999. Print.
Hoebeke, C. H. (1995). The road to mass democracy: original intent and the Seventeenth Amendment. New Brunswick (U.S.A): Transaction Publishers.
“Everyone loves free expression as long as it isn't exercised” (Rosenblatt 501). In the article, We are Free to Be You, Me, Stupid, and Dead, Roger Rosenblatt argues for the people’s right to freedom of speech and expression, that is given by the U.S Constitution. Rosenblatt argues that freedom of speech is one of the many reasons the Founding Fathers developed this country. For this reason, Rosenblatt believes that we should be tolerant and accepting of other’s ideas and beliefs. Even if one does not agree with someone else, they need to be understanding and realize that people have differing opinions.
Brennan, William J. “Roth v. United States, Opinion of the Court.” Freedom of Speech in the United States. 24 June, 1957. Strata Publishing Inc. 12 Nov. 2005
The case, R. v. Keegstra, constructs a framework concerning whether the freedom of expression should be upheld in a democratic society, even wh...
Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press”. Although this amendment gave people the right express thier opinions, it still rests in one’s own hands as how far they will go to exercise that right of freedom of speech.
Peter, Sagal. “Should There Be Limits on Freedom of Speech?” 25 March. 2013. PSB. PBS.com 14 Nov.
Janda, Kenneth. Berry, Jeffrey. Goldman, Jerry (2008). The Challenge of Democracy (9th ed.). Boston; New York: Houghton Mifflin Company.
Janda, K., Berry, J., Golman, J., & Hula, K. (2009). The Challenge of Democracy: American
Herbeck, Tedford (2007). Boston College: Freedom of Speech in the United States (fifth edition) Cohen vs. California 403 U.S. 15 Retrieved on March 2, 2008 from http://www.bc.edu/bc_org/avp/cas/comm/free_speech/cohen.html
William Smith, Democracy, Deliberation and Disobedience (Paper presented at the UK Association for Legal and Social Philosophy Annual Conference, University of Newcastle upon Tyne, April 2003).
Works Cited Hudson, William E. American Democracy in Peril: Eight Challenges to America’s Future – Fourth Edition. Washington, D.C.: CQ Press, 2004. Landy, Marc and Sidney M. Milkis. American Government: Balancing Democracy and Rights.
Foner, Eric. "George Fitzhugh and the Proslavery Argument." Voices of Freedom: A Documentary History. Third ed. Vol. One. New York: W.W. Norton, 2005. 207-10. Print.
Landy, Marc and Sidney M. Milkis. American Government: Balancing Democracy and Rights. New York, NY: McGraw-Hill, 2004.
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...