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More handpicked essays just for you.
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Living in America is a Dream for millions of people globally. To so many, America is known as the land of opportunity. People have immigrated here for hundreds of years. In the beginning of that immigration the founding fathers created documents to properly run our country. These documents paved the way for the creation of this great country. The declaration of independence and the constitution of the United states lines out the Rights that Americans have along with the responsibility that comes with it. The fundamental rights that these documents and the forefathers of this great nation gave us allow us the freedom to live our lives the way we choose to. What we do with these freedoms are our responsibility to live an appropriate life. Free speech is one of the most …show more content…
American people have passion for certain things, whether it is religion, sports, the American flag, or our military and government. We all have the right to speak our minds. There are three distinct types of free speech, and each one brings a different level of protection with it. The first is pure speech, which is the verbal expression of a person’s thoughts and opinions. This is the most common type we think of. Speech plus involves actions as well as words, for example protests. This isn’t as strictly protected because the well-known verbiage “actions speak louder than words” Physical action can harm another person, either intentional or accidental but there is an added risk, therefore the protection is not as stringent. The third and final type of speech is symbolic speech which according to the court system isn’t verbal in nature. It is symbolic action, this can include the burning of the American flag. (College for America, N.D.) This is highly controversial and has caused outrage on both sides of the coin when this occurs. With these rights that been given to the American people we have a responsibility to remain proper etiquette. Some of these responsibilities that
The Supreme Court, 490 U.S. 397 (1989), Justice Brennan, held that: the defendant 's act of burning the American flag during a demonstration march was considered expressive conduct and was within the protection of the First Amendment, and the State could not justify the prosecution of the defendant based on the interest to preserve the American flag as a symbol of
Is the upholding of the American flag as a symbol of the United States more important than the freedom of speech provided by the First Amendment? Are there certain freedoms of expression that are not protected under the First Amendment and if so what qualifies as freedom of speech and expression and what does not? The Supreme Court case of Texas v. Johnson proves that the First Amendment and the freedom of speech are not limited to that of spoken and written word, but also extended to symbolic speech as well. Texas v. Johnson is a case in which the interpretation of the First Amendment rights is at the top of the argument. This case discusses the issue of flag burning as a desecration of national unity and that the flag of the United States should be protected under a law.
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.
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
Much history came within the Texas v. Johnson case. It all started during the 1984 Republican National Convention, this is where Johnson participated in a political demonstration to protest what policies Regan was administrating (Brennan 1). A march was occurring throughout the city streets, which Johnson did take part in. Johnson burned an American flag while protesters chanted him on (Brennan 1). No person was specifically injured during this protest; although, many witnesses were severely offended (Brennan 1). Johnson was convicted of Desecration of a venerated object, which violated the Texas Statue. The state court of appeals affirmed Texas Court of Criminal Appeals and reversed the case stating it was a form of expressive conduct, so it was alright (Brennan 1). In a 5 to 4 decision the Supreme Court came to the conclusion that Johnson’s burning of the flag was protected under his First Amendment rights (Brennan 1). The court also found that although witnesses may have found it offensive, does not...
"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
Flag burning is very controversial because people have different definitions of what “freedom of speech” means and what our flag stands for. This essay explores these definitions from the proponent’s viewpoint for a law protecting the flag and the opponents view point against such a law. The most debated question being asked at this time is: is flag burning protected under the First Amendment guaranteeing the freedom of speech? It all depends on how a person defines the flag and interprets the First Amendment.
Freedom of speech and expression is a right given to all Americans under the First Amendment of the Constitution. It is a difficult concept to embrace when individuals are faced with ideas they oppose. In this kind of situation, the protection guaranteed to American citizens becomes even more important. The First Amendment was designed not only to protect the freedom to express ideas and sentiments with which one agrees, but also the ideas and sentiments with which one disagrees. It is for precisely this reason that the government should maintain the right of individuals to express their dissatisfaction with the policies of the government through the act of flag burning and not amend the Constitution to make such an act illegal.
The United States of America is often known for having more freedom than anywhere else. As Gandhi said, “A ‘no’ uttered from the deepest conviction is better and greater than a ‘yes’ uttered to please, or what is worse, to avoid trouble.” Freedom of speech is a big part of the American culture and citizens are encouraged to speak their minds and opinions openly. It is such an important aspect of each American individual that it is
The first and only time I had ever heard of someone burning the flag when I came across an article on Regory Lee Johnson. In 1984, he showed up at the Republican National Convention in Dallas, Texas and burned an American flag in order to show his knowledge of the policies of Reagan administration. At the time, he was convicted of flag desecration, but the Supreme Court overturned that decision by ruling that burning a flag was “expressive conduct within protection of the first Amendment” (Pledging allegiance). The issue of flag desecration is one that been around for a while. There are two sides to the debate: one being that the flag should be protected by law, and one being that it should not because it restricts free speech. There have been times when Congress has tried to pass laws protecting the flag, but Supreme Court as struck those laws down by deeming them as “violating the constitutional guarantee of free speech, and hence unconstitutional” (Wall, 1995). However, despite the Supreme Court’s ruling of the laws being unconstitutional, there are many advocates that are still trying to pass flag protection laws by amending the Constitution to allow it. This cannot be done. The constitution should not be amended to protect the flag because it would be a violation to our first amendment: our right to free 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.
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
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
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
Early America was a place for anyone to live their life the way that they wanted, as it is now, but back then this was a new concept. Much of this idea comes from the freedoms obtained by living here. Many other countries in the world had many freedoms, but not as numerous as they were in America shortly after the country was founded. Americans during the late 1700's and early 1800's embraced their freedoms and became leaders and expanders, and what we now consider the founders of many present-day cities and towns. One thing that has been present throughout the generations of people living in America, is the desire to set themselves apart from other nations. This want was supplied to the American people in the Declaration of Independence and the Constitution. These two documents gave the American people everything they needed to set them apart from the rest. Based on the Declaration of Independence and the Constitution, America was able to create an identity including freedom, religion, and individuality that is very unique to this country.