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Limitation on freedom of speech
Limitation on freedom of speech
What limits freedom of speech
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When the United States of America was first formed, its citizens had many new rights and freedoms that they did not have in their motherland. Today; however, citizens of the United States do not share as many rights as the first immigrants had. A freedom that individuals think has been stripped away from them is the freedom to protest. This freedom has been restricted over time by the government who has set many rules and regulations on protesting laws. However, in society today, many wonder whether or not these restrictions are justified or if they break the constitutional rights of being an American. The Constitution is the cornerstone of our freedoms, without it, our freedoms would not be protected. Many individuals think that the Constitution states that we have a right to protest on public and private property; however, this is never said in the First Amendment. (Freivogel) This; however, does not mean that we have no right to protest; it means that protesters may be arrested for expressing views on public property, and if you are private property the owner is able to press charges because of trespassing. The Constitution also states that “the right to protest does not include the right to camp out.” (Freivogel) This means that individuals cannot stay overnight in public or private property in an act of protest. (Freivogel) Individuals may not protest during the night because they will be disturbing the peace. “The government can place restrictions on time and place for protesting.” (Hentoff) A federal, state, or local government may put restrictions on unreasonable times and they may say that individuals are not allowed to protest in a certain area, but this does not mean that they can restrict a certain group from expressi... ... middle of paper ... ... 2 Nov. 2011. Web. 15 Dec 2013 Barr, Meghan. "3 Occupy Wall Street Protesters Arrested." ABC Local. American Broadcasting Channel, 17 Sept. 2013. Web. 06 Dec. 2013. Egendorf, Laura K. Free Speech. San Diego, CA: ReferencePoint, 2008. Print Freivogel, William. “What Place Do Protesters Occupy in the Constitution.” St. Louis Beacon. 27 Sept. 2011. Web. 15 Dec. 2013 Hentoff, Nat. Free Speech for Me – But Not for Thee. New York: HarperCollins, 1992. Print Loth, Renee. “A Zone That Should Be Left Alone.” Boston Globe. 12 Oct 2013 A.1 SIRS Issues Researcher We. 06 Dec 2013 ProQuest Staff. “First Amendment Rights Timeline.” Leading Issues Timelines. 2013: n.p. SIRS Issues Researcher. Web 04 Dec 2013 Richey, Warren. "Free Speech Outside Supreme Court: Ban on Protests in Plaza Struck..." Christian Science Monitor. 12 Jun. 2013: n.p. SIRS Issues Researcher. Web. 06 Jan. 2014.
Alonso, Karen. Schenck v. United States: restrictions on free speech. Springfield, NJ: Enslow Publishers, 1999. Print.
The first Amendment of the United States Constitution says; “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.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
... people have an absolute right to voice their opinions and protest as long as it is done without trampling upon the legal rights of others. However, when any one, or group, attempts to violate the legal rights of others the government not only has the duty but has the Constitutional responsibility to intervene
The hallmarks of freedom can stay a part of our democracy if the state governments don’t pass any laws that fully take away or excessively restrict rights granted by the Bill of Rights and if the people find alternative ways to exercise their rights without breaking any laws established by the federal government, specifically the Supreme Court and Congress. In “We the People: An Introduction to American Government” by Thomas Patterson, it is stated that “…individuals do not have the right to hold a public rally at a busy intersection… or the right to turn up the volume on loudspeakers …where they can be heard miles away.” (p.102). This law only takes away one specific situation where people can protest, but the people can still find other ways
The historic Women's March which was attended by millions across the world would not be considered civil disobedience in America, where such a protest is protected, but the same is not true in other parts of the world, where freedom of speech does not exist. It is one of the strengths of the US Constitution that there are ways to create change without resorting to lawbreaking, but one must never forget that the founders included those protections because of their own experience with true
Garcia, Lynda. "Blog of Rights." ACUL.org./blog. America Civil Liberties Union, 12 Dec. 2013. Web. 12 Dec. 2013. .
Not only does peaceful resistance positively affect a free society, it is the bedrock for its survival. When the Founding Fathers congregated to ratify the Bill of Rights, they considered those ten as unalienable because they were representative of the American people’s values. As questions about which rights are guaranteed constantly circulate, civil disobedience can be a critical reminder to lawmakers about which rights the public refuse to forfeit. In a country of such rich diversity, unanimous agreement is a profound rarity. Unrepresented citizens cannot always rely on their peers to represent the same values, and as the late Howard Zinn once stated: “Protest beyond the law is not a departure from the law; it is essential to it.” Civil disobedience grants a voice to the otherwise voiceless. Ideological minorities can voice their discontent by refusing to conform to policies that breach their moral compasses. Without civil disobedience, those unfavored ideologies would struggle to compete in the marketplace of ideas.
According to the First Amendment of the United States, Americans have the freedom to protest. If one were to look at America today, he or she can easily find examples of civil disobedience. Currently there are many protests and riots about President Donald Trump's inauguration. These
The act of protesting is to express one's opinions about a certain topic especially if that opinion is negative towards an action or law. Patriotism is when one has vigorous support for one's country. Throughout America’s history, it has built rules and laws that have made the citizens of the country safer and equal, but fighting for these rights were proven to be very difficult. Protest is an act of patriotism when their country isn’t living up to the values that a their country has built, protest is someone’s opinion on their country and most of the time it isn’t a positive opinion. Protest is never rebellion for its own sake, because the big protests in America’s history have always been noticed. It is clear that from historic and current
A fundamental aspect of the US Constitution is the right of “Free Speech”. Although all Americans have this right, it does not allow for civil disobedience or violating the law, thus violating another person’s rights. So in the question posed, if peaceful resistance is interpreted as peaceful protest then this is in line with our Constitution and can have a positive impact on a free society. If peaceful resistance is interpreted as a “right” to riot, violate the law, destroy property or similar acts, then this can have a negative impact on a free society. This is a topic that is quite relevant today. Although there are many to choose from, I will compare a few recent examples.
The first amendment to the constitution gives americans the right of free speech. This amendment gives us as citizens the right to speak our mind, express our ideas and protest others. This has paved way for many protests against racism, gun control, equality, higher wages, and many more. Protests have become a part of American culture, protests happen absolutely everywhere nowadays. Protests usually happen in a big city or even at the capitol, thousands upon thousands of people gather, hold signs, and chant in order to express their ideas to other people hoping to bring a change to the ideas or ways of our american society. While some protests may have worked in the past when people were fighting for basic human rights and civil liberties that they should’ve been entitled to have, nowadays protests are not
Wyatt, Robert O., David Neft, David P. Badger."Free Expression and the American Public: A Survey Commemorating the 200th Anniversary of the First Amendment." Middle Tennessee State University, Murfreesboro, Tennessee 1991.
In the first amendment of the United States’ Constitution, citizens are granted the freedom of several essential rights that allow the United States to be the country it is today. When the Founding Fathers of the United States decided to create this document that laid out the laws of the land, they kept in mind all of the rights that Great Britain did not allow them to possess due to the country’s strict monarch. Included in the first amendment is the freedom of speech, freedom of assembly, and the right to petition the government. With these three essentials, citizens are allowed to protest and stand up for what they believe in. Though, in today’s world, many think of doing such is frowned upon and those who oppose should