Falwell's Argumentative Essay: The Bill Of Rights

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The Bill of Rights had an original intention to protect the American citizen from having the body of government create a monarchical grasp on them; however, the Bill of Rights also served as protection against civil complications between citizens. This is especially true when the 1st amendment right to freedom of speech is on the hot seat. The freedom of speech claim in the first amendment should have an asterisk next to it, simply because there are certain limitations to this freedom. Additionally, if these limitations are broken, they can come with a consequence. For example, any person walking around in a building can not yell, “I have a bomb!” and expect to get away with it. The drawn line where freedom of speech becomes forbidden speech …show more content…

The case of Hustler Magazine v. Falwell is an outstanding example of establishing Judicial Review for the benefit of American citizens who wish to share ideas, opinions, and other forms of speech with one another through media. Television shows such as South Park, the Simpsons, and Family Guy have the case of Hustler Magazine v. Falwell to thank for establishing a standard in media law that proves parody can be a phenomenal way to both entertain and enlighten viewers with ideas thought up by the shows writers and creators. At the time, the most surprising part about this case was not the advertisement itself, but the fact that the 1st amendment and the right to parody protected such an advertisement from any type of consequence that resulted in breaking the law. Yes, Falwell did receive compensation, but it was not because Hustler Magazine or Larry Flynt did anything more than hurt his feelings and reputation. To be compared to an event of today, the uncountable uses of Donald Trump or Hillary Clinton in media today can not be proven as defamatory of breaking the 1st amendment because of the strong rules of protecting opinion of the American citizen, which comes as a right thanks to the Bill of Rights. The case does show a flaw on the American

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