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Essay on the on the first amendment freedom of speech
Essay on the on the first amendment freedom of speech
Essay on the on the first amendment freedom of speech
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The rights to free speech and the press are among the most celebrated and protected rights that the First Amendment affords American citizens. (U.S. Const. amend. I). One of the inherent rights that one is able to enjoy under the First Amendment is the right to criticize public figures and measures. (U.S. Const. amend. I); (Milkovich, 2714)(dissenting); (Hustler, 880). This Court has routinely recognized the First Amendment’s “vital guarantee” of free and uninhibited discussion of public issues, while also maintaining that society has a ubiquitous and robust interest in not only preventing but also remedying attacks upon one’s reputation. (Milkovich, 2707). The law provides but one avenue in hope of vindication for a man whose reputation has been falsely dishonored, a defamation action. …show more content…
(Hepps, 1565).
However, the free speech encouraged by the First Amendment will inevitably produce speech that is critical of those public figures who, by reason of their fame, shape events in areas of public concern. (Milkovich, 2703); (Hustler, 879). Their heightened position in society subjects them to “vehement, caustic, and sometimes unpleasant sharp attacks”. (Milkovich, 2703); (Hustler, 880). Courts have struggled to maintain the balance between the right to free speech and the right to redress attacks upon one’s reputation, and therefore limit what one can publish about a public figure by encouraging responsible journalism. (Hustler, 880); (West, 1014). The First Amendment embraces two concepts: the freedom to believe and the freedom to act. (Ballard, 886). American citizens are free to believe what they cannot prove; thus, one’s pure opinions are constitutionally protected from liability. (U.S. Const. amend. I); (Ballard, 886). Nevertheless, when a statement asserts facts, or opinions that imply facts, the publisher has a duty to verify these assertions before publishing them as true. (West,
1014). Courts have routinely struggled with falsity determinations, particularly when an individual publishes defamatory statements regarding one’s motive to commit suicide. Therefore, this Court must now decide whether the First Amendment creates a categorical presumption that statements about a person’s motive in committing suicide are matters of opinion rather than fact, and thus cannot stand as the foundation of a defamation action.
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
David Bernstein is to be congratulated on so clearly, vividly, analytically and accurately showing seriousness of these new threats to free speech and civil liberties in the US. The Cato Institute also deserves credit for publishing the book since in Bernstein’s words ‘authors who take politically incorrect positions . . . face a particularly difficult time finding publishers among leading trade presses’ (p. ix). Cato at least is still the land of the free and the home of the brave.
“The Fourth Amendment wasn't written for people with nothing to hide any more than the First Amendment was written for people with nothing to say.” (Dave Krueger). The Fourth Amendment protects the people's values, including the right of privacy. The Fourth Amendment includes, “The right of the people to be secure in their persons, houses, paper, effects, against unreasonable searches and seizure, shall not be violated.” When the founding fathers created the Constitution they ensured the people fundamental laws that would be used to any issue portrayed in the Supreme Court. That gave the people a relief that no one is ever above the law that is created. The privacy of the people was a very big value enforced by warrants. In the case of the
The First Amendment is what we chose because it covers good areas (topics) that are occurring in the world on a daily basis. Many people like the items that The First Amendment covers, and some people don't like them. Either way there are many other amendments that have been ratified by the two-thirds of the House and Senate. There are ten amendments in the constitution, but there are 17 other amendments that aren't in the constitution. Therefore, in total there are 27 amendments.
Students’ rights in schools are limited or just taken away. Kids are forced to do whatever the officials at their school, either the principal or the teachers, tell the students to do. One of the main right that gets taken away or limited is students’ first amendment rights, which is the freedom of expression. Students can gets suspended by just doing things the staff at the school does not like, including saying things that they don 't like or supporting a religion that the school does not support. Also, if something is said about the school or the people attending the school is said on social media that student can also get in a lot of trouble. Students should be able to have more first amendment
Document 1 relates to Document 2 not necessarily through the content, as #1 discusses the punishment for anyone who opposes the U.S. Government through actions, and #2 discusses the fate of alien enemies in the U.S., but through their idea, and the motive for writing such laws. Both appear to be extreme precautions and safety measures, in an attempt to eliminate threats and prevent disasters, to the extent that even First Amendment rights are taken away. Both documents highlight how such events would take place, detailing certain things such as who is involved, what the crimes and the intents are, and the role of the court, as well as what rights those who are convicted have. The two documents also represent how the 3 branches of the US government are almost acting
The first amendment is the cornerstone of our American society founded years ago by our forefathers. Without the first amendment many ideas, beliefs, and groups could not exist today. The first amendment guaranteed the people of the United States the freedom of speech, freedom of the press, and freedom of religion, freedom of assembly, and freedom of petition. Although the first amendment guarantees us, Americans the freedom of speech, we cannot use it to cause others harm. This amendment has helped shaped Americans into what we are today, because of our right to assemble, speak freely, and worship as we please.
Most people opposing restrictions on freedom of speech believe it will open doors that may threaten expression and lead to more extreme forms of censorship. What much of the opposition fails to realize is that our government has “drawn lines between protected and unprotected freedom of speech before without dire results” (Lawrence 64). When the abuse of one right threatens the preservation of another our government must pick their poison and decide which side calls for protection in each situation. This can be seen by ...
“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not infringed.” Many people will recognize this as the 2nd amendment to the United States Constitution. What the people may not know is that it is under attack. Those that oppose the right of the citizens to own firearms are trying to eradicate the 2nd amendment because it guarantees that right to the American people. Liberals believe guns are evil devices that go around and shoot people. They conclude that by restricting and eventually banning guns, gun violence will resolve into nothing. The left tries to use the 2nd amendment to argue their point, but they pick
The 2nd amendment of The Bill of Rights of the U.S. Constitution states the following, “…the right of the people to keep and bear Arms, shall not be infringed.” This unalienable right has led to numerous massacres across the country since it was first incepted and has been a topic of controversy and interest since to this day. An amendment in the Bill of Rights is an unalienable right and therefore cannot be taken away for the very government of the United States was created in order to protect them. While the amendment can’t and won’t be eradicated all together, there are still steps to be taken where we can live in a world where we are better prepared in situations where we are encounter a gun-wielding threat.
Fallacies are a part of life whether they’re seen with the naked eye or completely invisible. They are in everything we see, hear, and read. There are numerous fallacies to last a lifetime nevertheless, one sticks out to me. That is the fallacy created by Donald Trump that suggested Hillary Clinton wanted to eliminate the Second Amendment. Donald Trump is famous for logical fallacies in his recent run for president. He has thrown out accusations that weren’t true, twisted his opponent’s words, and personally attacked people.
The Constitution of the United States, grants each citizen with personal property rights under the 4th Amendment. Our courts systems have upheld these rights time and time again when persons or organizations have tried to usurp these rights away from different groups and individuals. The same systems that have given, and upheld our individual rights seek to balance that with the rights of society and the rights of the group. Traditionaly court cases have followed a common sense approach, and have succeeded in balancing the rights of individuals with that of the group. Our court systems use strict scrutiny and procedures that maximize fairness among all groups and individuals. That is after all our societies goal, is to allow maximum personal
The law of defamation theoretically should defend a good name of the people from unfair attack but practically that means that it has to hold back the freedom of speech to protect famous and powerful people from scrutiny. Here is another example where the inference between two essential rights: freedom of expression and protection of reputation. In Reynolds v Times Newspapers Ltd Lord Nicholls said:
Jenson, Carl. “Censorship Threatens Freedom of the Press.” Free Speech. San Diego: Greenhaven Press, 200. 16-22. Print.