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Why freedom of speech should be limited
Why freedom of speech should be limited
Why there should be restriction on freedom of speech
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Freedom of speech and expression is a fundamental right guaranteed by Indian Constitution to all of its citizens. “Right to freedom of speech and expression” is not an absolute right. It is subject to imposition of reasonable restriction as there is a correlative duty not to interfere with the liberty of other citizens. Indian Constitution is the ultimate source of law and from it all the rights emanate. Its place is higher than legislation because the validity of the latter is determined with reference to the former. Constitution is the product of national consensus and it is the fundamental law of the country. Each is entitled to dignity of person and of reputation. Nobody has a right to disintegrate others right to person or reputation. The legislature in its wisdom has not thought it appropriate to abolish criminality of defamation in …show more content…
The security of state means legislature can enact laws which would impose restrictions on expressions which endanger the security of the State and is intended to overthrow the government or wagering a war against the government. Public order means public peace, safety and tranquility of the people at large. The absence of public order is an aggravated form of disturbance of public peace, which affects the general life of the public. Any speech which intends to disturb public order can be restricted by enacting laws. The decency and morality includes the state can put
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.
In the twenty century, the U.S society was in the period of tending to be a human base society. The laws in America were introduced to create a fair and regulated society for its citizens. The First and Fourteenth Amendment of Constitution granted that the U.S citizens have the freedom of speech. And the New York State had its law of Criminal Anarchy Act since 1902 for “organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means (n.p).” The citizen in the any state of the U.S should always both obey the state law and follow the national constitution. Otherwise, the citizen would get corresponding punishment for jail, community service or even death for most states. However, the case of Gitlow vs New York happened in 1925 that majorly argued about the U.S citizens’ guaranteed freedom of speech in the First Amendment of Constitution and the New York State’s Criminal Anarchy Act.
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
“Fag burns.” “DIE.” These slurs were scrawled outside the GLBT office at N.C. State last October. Should the instigator be indicted for hate speech in addition to vandalism? Was this expression an act of hate speech? Or was it free speech? Is the message he conveyed protected under the First Amendment? Two and a half centuries ago, the nation’s forefathers drafted the Constitution of the United States. The aim of the Constitution is to protect the values that this nation was built upon. This document, arguably one of the nation’s most important, encompasses values such as democracy, equality, religious tolerance, as well as the freedom of speech.
Imagine a time when one could be fined, imprisoned and even killed for simply speaking one’s mind. Speech is the basic vehicle for communication of beliefs, thoughts and ideas. Without the right to speak one’s mind freely one would be forced to agree with everything society stated. With freedom of speech one’s own ideas can be expressed freely and the follower’s belief will be stronger. The words sound so simple, but without them the world would be a very different place.
“I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather than it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime. Is public order important? Public order is not only important but is an absolute necessity for the Individuals within the society to know that all efforts are being made to ensure the safety of our citizens in order for the very structure of our nation to stand erect. Without order, we are prone to experience oppression by our neighboring nations and leaving our state of independence to depend upon the governance of another, broadcasting this nation as not only unqualified but also unable to even protect ourselves from foreign threats....
Freedom of speech is the right of civilians to openly express their opinions without constant interference by the government. For the last few years, the limitations and regulations on freedom of speech have constantly increased. This right is limited by use of expression to provoke violence or illegal activities, libel and slander, obscene material, and proper setting. These limitations may appear to be justified, however who decides what is obscene and inappropriate or when it is the wrong time or place? To have so many limits and regulations on freedom of speech is somewhat unnecessary. It is understood that some things are not meant to be said in public due to terrorist attacks and other violent acts against our government, but everything should not be seen as a threat. Some people prefer to express themselves angrily or profanely, and as long as it causes no har...
Stanley Fish states in his essay “The Free-Speech Follies”, “The modern American version of crying wolf is crying First Amendment” (496). The First Amendment is made up of five basic freedoms given to the United States citizens that consist of freedom of speech, freedom of religion, freedom to hold a peaceful protest, freedom of press, and the right to protest. Within the Constitution there are no words that state the rights include for society to speak rudely to, or about, others. The article “Freedom of Speech” explains, “Slander consists of orally making and libel consists of publishing false statements that are damaging to the reputation of another” (1). People are allowed to have their own beliefs and opinions; however, they should not
- the main function of the state is to protect the rights of the citizens
The most manageable way to approach such an intricate and abstruse concept such as public order is to first establish it as a means...
In the United States, free speech is protected by the First Amendment in which it states, “Congress shall make no laws respecting an establishment of religion … or abridging the freedom of speech.” Now, nearly 250 years into the future, the exact thing that the Founding Fathers were afraid of is starting to happen. Today, our freedom of speech is being threatened through different forces, such as the tyranny of the majority, the protection of the minority, and the stability of the society. Now, colleges and universities in the United States today are also trying to institute a code upon its students that would bar them from exercising their right to speak freely in the name of protecting minorities from getting bullied. This brings us into
Freedom of speech is archetypally recognised as a basic human right in free and democratic societies. When contending whether speech that may be deemed offensive should be safeguarded one may refer to the judgement of Redmond-Bate v. DPP:
During the history defamation has developed in two ways; slander and libel. The law leading slander focused on oral statements and libel on written ones. By the 1500 English printers had to be licensed and had to be linked to the government as by that time it was believed that written word had possibility to give a risk to political strength. However when the times passed the law progressed and these days freedom of expression is a foundation of democratic rights and freedoms therefore freedom of speech is necessary in making possible democracy to work and community involvement in decision-making.
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...
We used a lot of special terms while researching, and I will define them for you here: Safety is the condition of being protected from or unlikely to cause danger, risk, or injury. Its synonyms are welfare, protection, and security. Security is the state of being free from danger or threat. Its synonyms are safety, freedom from danger, security. Public policy is the principles, often unwritten, on which social laws are based (Rules and laws in our society). Cognitive means of or relating to cognition. Learning is the acquisition of knowledge or skills through experience, study, or by being taught. Reflection is serious thought or consideration. School safety means the safety of school settings, such as the incidence of harassment, bullying, violence, and substance use, as supported by relevant rese...