A & E has every right to suspend Phil Robertson for his heinous remarks. Phil Robertson was a cast member on the hit reality television show, Duck Dynasty. In December of 2013 Robertson conducted an interview with GQ, where he made inappropriate comments regarding the LGBTQ+ community and Black Americans. Shortly after the interview went public, A&E (the streaming service that owned Duck Dynasty), suspended him for his comments. This caused an uproar of support and criticism for A & E. With the understanding of the First Amendment, the extent of the comments and what rights the company has, it is clear that A & E is legal in their decision. While many conservatives claimed this was a direct violation of the First Amendment, others suggested …show more content…
The First Amendment of the Constitution 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 of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (Constitution, 1789). Considering the circumstances of this suspension, freedom of speech will be solely talked about, since it directly is the argument at hand.The Constitution clearly states how everyone has freedom of speech, however not all speech is protected by this amendment. As mentioned in class lectures, false information, political expression that promotes hate and hate speech are some expressions that are illegal and could lead to further consequences. The idea of hate speech can be complicated to prove it is described as, “hate speech can only be criminalized when it directly incites imminent criminal activity or consists of specific threats of violence targeted against a person or group.”(American Library Association Ward, …show more content…
Although it is unclear if Roberston’s comments are considered “hate speech”, A & E still had the power to suspend him from his position. According to David J. Oberly, a leader of a multi-disciplinary firm, “as the First Amendment only protects individuals from government suppression of free speech.”(Oblery, The Cost of Free Speech 2018). It is essential to understand that this amendment only covers government influencers and not private organizations, especially ones that hire and employ individuals. Ultimately, “the First Amendment does not provide employees with protection from discipline taken by their private sector employers in response to an employee’s unappreciated expression of public speech”(Oblery, The Cost of Free Speech 2018). It is best to understand that employers are consistently representing the companies they work for, whether they are on the clock or not. Therefore, companies deserve the right to manage what their employees are saying and if it aligns with the company's morals and
In accordance with Title VII of the Civil Rights Act of 1964, any hiring, terminating, and other terms and conditions of employment utilized as means of religious discrimination against an employees is prohibited. Unless, the workers religious request was causing their employer undue hardship. These acts are mandated that employers reasonably accommodate their full time employees’. Reasonable
The case also states “A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments” (Tinker v. Des Moines Independent Community School District). Because the students didn 't necessarily disrupt the education process, their First Amendment freedom of speech should not have been violated by the school officials.
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." Essentially, the First Amendment is supposed to give citizens the right to have free speech, free choice of religion, and the right to assemble peaceably. There are limitations to the First Amendment because every person interprets the rights differently. The Nazis most likely assumed that it was all right to hate people and say it in public, but the Jewish people disagreed, believing that hatred is unacceptable. Where is the line drawn when it comes to people being able to speak their minds? Justice Murphy, a member of the Supreme Court in 1942, had a say on what is considered allowable under the First Amendment and what crosses the line, and he stated,
The First Amendment of the United States gives citizens the five main rights to freedom. Freedom of speech is one of the rights. If people did not have the freedom of speech there would be no way of expressing one’s self and no way to show individuality between beliefs. This Amendment becomes one of the issues in the Tinker v. Des Moines Independent Community School District Supreme Court case that happened in December of 1969. In the case of Tinker v. Des Moines there were five students that got suspended for wearing armbands to protest the Government’s policy in Vietnam. Wearing these armbands was letting the students express their beliefs peacefully. Many people would consider that the school did not have the authority to suspend these petitioners because of the First and Fourteenth Amendments of the United States Constitution.
Although this amendment gave people the right to express their opinions, it still rests in one’s own hands as to how far they will go to exercise that right of freedom of speech. According to Roger Rosenblatt “since freedom is the way people's minds were made to be”, freedom of speech is important to speak one's mind in a way that expresses his/her opinion, even if this opinion does not seem to convince others. In my opinion, without freedom of speech, the United States would have failed to be such a powerful country as it is today. . Although your opinions might disagree with others, you still have the right to voice them. For example, Roger Rosenblatt indicated that when a basketball player for the Denver Nuggets, was suspended from the league because of his religious conventions that stopped him from playing in the league.
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
The First Amendment 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 of the press; or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances" (First Amendment Oct. 20, 2013). But "the First Amendment does not protect all speech from government censorship, and it does not prevent private non-government entities from censoring. Years of US Supreme Court decisions have identified exceptions to the general rule that the governments in the United States cannot censor" (Censorship Copyright © 2002). American citizen's right of freedom of speech should be held in the highest integrity and any kind of censorship of free speech should not be allowed because it take away those rights. However, censorship has been going on for centuries.
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to
Since this country was founded, we have had a set of unalienable rights that our constitution guarantees us to as Americans. One of the most important rights that is mentioned in our constitution is the right to free speech. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the
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
Primarily, the employee was in violation of federal laws, which protect employees regarding slanderous or racially remarks. According to Title VII, it is...
Unlike many other countries America has freedom of speech. Even in other countries in Europe people are not allowed to use “hate speech” and they can be sent to prison for it. Fortunately, the American constitution defends people’s freedom of speech, no matter how controversial it is. Political correctness diminishes people’s free speech. It may not be direct but even indirectly the knowledge that someone might have adverse consequences; such as losing a job as a result of their speech is unacceptable. People have the right to state their opinions without others infringing on them, it was the principle in which America was founded. The first amendment of the constitution of the United States declares 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.” (US Const. amend. I, sec. i). While the first amendment only affects congress’s control over free speech, it indicates that free speech is a right that people must have. Some people are of the opinion that if something can be found offensive
Earlier this month in April, student protestors rioted at Berkley University because they did not want certain Conservative guest speakers to be able to give speeches at the university due to some of the speakers comments being inappropriate. According to the nonprofit organization committed to defending civil liberties named The Foundation for Individual Rights in Education (FIRE), "One worrisome trend undermining open discourse in the academy is the increased push by some students and faculty to 'disinvite' speakers with whom they disagree from campus appearances" (The Foundation for Individual Rights in Education). While the protesters were practicing their first amendment right to petition, the students were infringing upon the Conservative speakers freedom of speech which is unconstitutional. Just because the protesters may have disagreed with the speakers comments, does not mean that theys hould have prevented them from being able to express them. This is similar to the novel 1984 because the protestors controlled and censored what was able to be said at Berkeley University, just like how in the novel the Thought Police controlled what citizens said just because The Party disagreed with certain perspectives and didn’t want certain information to be
Our textbook clearly says that, “everyone has the right to an opinion – even if it is a horrible opinion. We can punish criminal behavior. We should never punish people for simply expressing their views.” The First Amendment made it possible for people to voice their opinion whether it be hurtful or not.
Charles Caldwell Mr. Mac Tragedy Feb 22, 2024 Oedipus is NOT responsible for his actions. Oedipus Rex, the play written by Sophocles, is a story about the tragic downfall of a great king foretold by a prophecy. King Oedipus was not to blame for the downfall of his story and rather he did his best to prevent tragedies from happening but in greater part it was in the hands of the gods. King Oedipus arrived at thebes where he was there trying to avoid the prophecy of him killing his father and sleeping with his mother. In him trying to avoid it he unknowingly killed his father and slept with his mother, this is because he was cast out due to the prophecy and later returned trying to avoid it.