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Essay about various forms of free speech
Essay about various forms of free speech
Essay about various forms of free speech
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Speech rights have changed or been expanded through a series of 20th and 21st century court decisions to include political speech, campaign financing, pornography, and school speech. In Tinker v Des Moines (1969) the Supreme Court ruled that students "do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." The ruling stated that school officials had violated freedom of speech by suspending some students who wore black armbands to protest the war in Vietnam. It was considered to be a display of symbolic speech. The Tinker standard has been applied in numerous decisions through the years. In another decision, Hazelwood School District v Kuhlmeir (1988), the Supreme Court ruled that the high school …show more content…
Freedom of press protects publication of information and opinions. Most of the principles that apply to freedom of speech also apply to freedom of the press. Like freedom of speech, freedom of the press allows varying viewpoints to be heard. However, one special meaning for freedom of the press is that of prior restraint. The courts in Near v Minnesota (1931) and New York Times v United States (1971) have ruled that the government cannot censor information before it is written and published, except in extreme cases of national …show more content…
It allows people to meet together in public or in private to express their opinions and ideas freely without fear of retribution. It allows people to gather for peaceful and lawful purposes. Former Justice Charles Evans in a ruling on DeJonge v Oregon (1937) stated that the right of peaceable assembly is a fundamental right just as freedom of speech and the press. He wrote that "peaceable assembly for lawful purposes cannot be made a crime." It does have limitations regarding disruption of public order or traffic flow, interference with people 's freedom to go about their normal business, or interference with peace and quiet. Permits are usually needed just to allow officials to be adequately prepared for preventing major
We, all, have the opportunity to voice our opinion on subjects that matter to us. The First Amendment grants us freedom of speech and expression. However, this was not provided to all students in 1968. During this time, there were three students in Des Moines, Iowa, who wore black armbands to school. These armbands were a symbol of protest against the United States involvement in the Vietnam War. After the Des Moines School District heard about this plan, they instituted a policy banning the wearing of armbands, leading to the suspension of students. A lawsuit has been filed against the Des Moines School District, stating how this principal goes against the students’ First Amendment rights. Thus, in the Tinker v. Des Moines Independent Community School District case, Justice Abe Fortes determined the policy to ban armbands is against the students’ First Amendment rights. Yet, Justice Hugo Black dissented with this decision, determining the principal is permissible under the First Amendment.
The district court found the disruptive-conduct rule unconstitutionally vague and broad, and that withdrawal of the student's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the rule did not mention such removal as a likely sanction. The court made the case that nothing in the Constitution forbids the states from insisting that certain forms of expression are unfitting and subject to sanctions. (Tinker v. Des Moines Independent Community School District, 1969) The court affirmed that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."(Tinker) If the student had given the same speech off the school premises, he would not have been penalized because government officials found his language inappropriate.
Many Supreme Court cases in the United States have reassured its citizens’ rights. One of those cases was that of the 1965 Tinker v. Des Moines Independent Community School District case. This case was about five students who were suspended from school for wearing black armbands. Should the students have been suspended? The Tinker v. Des Moines case was a very controversial Supreme Court case in which the right to freedom of speech and expression for students in public schools was violated.
In the Supreme Court case of the New York Times Co. vs. United States there is a power struggle. This struggle includes the entities of the individual freedoms against the interests of federal government. It is well known that the first amendment protects the freedom of speech, but to what extent does this freedom exist. There have been instances in which speech has been limited; Schenck vs. United States(1919) was the landmark case which instituted such limitations due to circumstances of “clear and present danger”. Many have noted that the press serves as an overseer which both apprehends and guides national agenda. However, if the federal government possessed the ability to censor the press would the government restrain itself? In the case of the Pentagon Papers the necessities of individual freedoms supersedes the scope of the national government.
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.
It was irrational for these students to be suspended from the school. The high school students named John F. Tinker, who was fifteen-years-old, John’s younger sister Mary Beth Tinker, who was thirteen-years-old, and their friend Christopher Eckhardt, who was sixteen years old, should not have been suspended. They were under the protection of the First Amendment. The parents of those students sued the school district for violating the students’ right of expressions and sought an injunction to prevent the school from decupling the students. The Supreme Court of the United Sates stepped in and the question of law was if. They ruled in the favor of the Tinker’s because it was in a seven to two decision "Tinker V. Des Moines Independent Community School District."
The first amendment states some of the freedoms we have. These are freedom of religion and freedom of expression. These include the right to free speech, press, assembly, and to petition the government. The reason for wanting to wear the black armbands was to show their anti-war belief in the Vietnam War. Rebelling against the authority figures’ ruling, three students wore the armbands and got suspended. The students’ names are John F. Tinker, who was 15 years old at the time, Christopher Eckhardt, 16 years old, and 13 year old Mary Beth Tinker (John’s younger sister). Getting suspended, the students did not return until after New Year’s Day (FORTAS). “This case was significant because the justices stated, “students do not abandon their civil rights at the school house door....” The school is not allowed to limit a student or teachers first amendment...
The First Amendment guarantees that congress shall make no law abridging the freedom of speech or of the press. U.S. CONST. amend. I. The courts have heeded the First Amendment’s underlying values in order to determine whether or not recording police officers is a freedom of the press and have answered in the affirmative; they have firmly established that the First Amendment extends further and encompasses a range of conduct related to receiving information and ideas. Glik v. Cunniffe, 655 F.3d 78, 82 (1st Cir. 2011). The Supreme Court has observed that the First Amendment protects the right to gather news from any source by means within the law. See id.at 82.
The basic right of giving freedom to assembly is to be able to hold public meetings, and form associations without the interference of the government. Many people take advantage of that basic right that is given to them from the United States Constitution. When people or a person wants other people to agree with him/her they would have an assembly (meeting) in the most busy or crowded area in town. One example is Martin Luther King Jr., when he held an assembly about racism and equal rights and diversity between black and whites.
The Free Speech Movement (FSM) at the University of California at Berkeley started during the fall of 1964. (Freeman, Jo) But there were many events leading up to this point. The Free Speech Movement began to obtain momentum in the fall of 1963 and the spring of 1964 the Bay Area was rocked with the civil rights demonstrations against employers who practiced racial discrimination. (Freeman, Jo) These students believed that this was wrong and felt the need to do something about it. So many Berkeley students were recruited for these protests from Bancroft and Telegraph which where the companies that were racial discriminating against races and groups of people.(Freeman, Jo) With these protest there were many arrest made of Berkeley students there were about 500 arrests made over several months. (Freeman, Jo)
Censorship is practiced by many people before the written word even reaches the eyes of the public. Once a book or newspaper article reaches the public it can also be censored by government agencies or the public itself. Censorship can also be beneficial to society at times. The clear and present danger clause makes it so that free speech can be limited if it causes danger to others.
In the 1969 case of Tinker vs Des Moines, one of the most well-known student rights cases it has considered, the US Supreme Court ruled that students had a constitutional right to wear a black armband to school to protest
Freedom of Assembly; Unites states citizens have the right to peacefully assemble to either make a point or protest against something that don’t agree with it.
breathed life into the text of the First Amendment by upholding the right of the press to pursue its mission, no matter how detestable that might seem to those in power. The courts have imposed some limits on liberty, and some questions remain as to how far this liberty will extend to new media and to some of the more aggressive efforts employed by journalists to obtain the news. Still, as Justice Stewart wrote in the Pentagon Papers case, "without an informed and free press there cannot be an enlightened people." The U.S. Supreme Court has yet to address many of the important issues raised by surreptitious newsgathering. And the issue at hand may be much larger than the pure legality of journalistic methods and behavior. The face of journalism itself is changing to accommodate new technology, global events, and the complicated needs and interests of the viewer. In the case of Food Lion, many argue that "the prime time magazines are under enormous pressure to tell clear, sim
The first amendment grants the freedom of the press, speech, and religion. The first amendment also grants that the media is immune from