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What is freedom of speech
What is freedom of speech
What is freedom of speech
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First Amendment RST False or private information and breaking policies are just some of the ingredients in getting your freedom restricted. When does the government really have the right to restrict people’s freedom? A government has the right to restrict people’s freedoms when they publish false or private information when someone’s safety comes into question and when they encourage actions that will disrupt people. Publishing false or private information is not constitutionally protected by the first amendment. There are limits to publishing information on a popular news article or paper, “First, journalists are not allowed to knowingly print false information about someone—that’s called libel.” (Anastasia) . This shows that journalists cannot publish false information. If a journalist publishes false or private information he or she risks getting a lawsuit. Journalists can publish in any point of view they would like; whether it is biased or not. In an interview Lata Nott of the First Amendment Center at the Newseum Institute states,“The profession also has a history of self-policing to maintain fair and accurate reporting standards—such as …show more content…
In the video Free Speech And Its Limits it states “You don’t have the First Amendment right to use fighting words -- statements that are likely to provoke a violent reaction.” (Smith) The use of fighting words can lead to someone getting hurt. One of which is face to face insults involving profanity or ethnic slurs that are not allowed. “The most stringent protection of free speech would not protect a man in falsely shouting fire, once said late Supreme Court Justice Oliver Wendell Holmes.”(Anastasia) Falsely yelling fire in a public place can cause someone to get hurt. Someone might get so terrified that it leads them to having a heart attack. Someone falsely shouting fire, even as a joke can get arrested or freedom
In America the Amendment 1 of the U.S. Constitution gives the American people the right to peaceably assemble and to petition the Government for a redress of grievances. Most notably Amendment 1 is known for and most often cited as giving the Freedom of Speech. Even before this amendment was ratified people in the U.S. were protesting, as in the Boston Tea Party. Protesting has been a way to effect change in America. A question to ask is this: is there a right way or wrong way to protest.
According to the Webster-dictionary The First Amendment is an amendment to the Constitution of the United States guaranteeing the right of free expression; includes freedom of assembly and freedom of the press and freedom of religion and freedom of speech. Since the first Amendment was written by our founding fathers and is part of our constitution it should never be violated. Being able to say and express what one thinks without been afraid of going to jail. In the essays “First Amendment Junkie” by Susan Jacoby and “Let’s Put Pornography back in the closet” by Susan Brownmiller both writes about the First Amendment is when one can express them. Jacoby and Brownmiller both write about pornography and the first amendment using pathos and ethos in their writing. However, Jacoby’s essay is more reliable because she uses ethos to provide credible resources, as well as use pathos to appeal to her credibility.
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.
There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words those which by their very utterance inflict injury or tend to incite an immediate breach of the peace (Downs 7).
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
It’ unanimous! With those two words, the U.S. Supreme Court declared that ‘fighting words’ were not protected under the constitution and etched out an exception to the First Amendment known as the Fighting Words Doctrine (Clark). The doctrine came out of the 1942 Chaplinsky v New Hampshire. New Hampshire State court found Chaplinsky guilty under its public law that “prohibited another person from expressing offensive, derisive and annoying words and names to anyone else in a public place” (Hudson) commonly referred to as ‘fighting words.’
we had no legally protected rights of free speech in anything like the form we
Charles R. Lawrence III adresses the matter in his essay “The Debate over Placing Limits on Racist Speech Must Not Ignore the Damage It Does to Its Victims,” by providing the perspective of those on the reciving end. He explains that “racial slurs are particularly undeserving of First Amendment protection because the perpetuator’s intention is not to discover truth or initiate dialoge, but to injure the victim” (628). This argument is justified because some people do take their freedom of speech as far as offending someone because of their race, cultural, and social beliefs. As Cinnamon Stillwell proved in her essay, “Mob Rule on College Campuses,” some students do become bullies when their beliefs are challenged. Stillwell illistrates a situation that occurred at Columbia University when conservative Jim Gilchrist was invited to speak but was unable to because rioting students did not allow him. Stillwell then goes on to say that “Apparently in their minds, niether Gilchrist nor anyone else with whom they disagree has the right to express their viewpoints” (623). This can be applied to both sides because both of them seem to believe that the opposing belief has no right to speak especially when it is controversial. Lawrence mentions that “whenever we decide that racist speech must be tolerated because of the
The First Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government. Thanks to the rights granted by the First Amendment, Americans are able to live in a country where they can freely express themselves, speak their mind, pray without interference, protest in peace and where their opinions are taken into consideration, which is something not many other nationalities have the fortune of saying. The Founding Fathers were the framers of the Constitution of the U.S., and the responsible for the elaboration of the First Amendment. The majority of the Founding Fathers were enlightenment thinkers who were in love with liberty, and thought that basic political rights were inevitable for man’s nature. After having experienced the tyranny from their mother countries, the Founding Fathers carefully constructed the Constitution of the United States in a way where tyranny was avoided and a government for the people, by the people and of the people was developed, which is clearly reflected in the Constitution. At the time of inception of the United States, the Founding Fathers created the First Amendment in order to ensure that the government would not interfere with Americans’ basic civil rights. The rights outlined on the First Amendment were considered so important by these leaders that many states refused to ratify the Constitution of the United Sates until there was a conjecture of amendments that would protect individual rights in the future.
In the late 1900’s the clear and present danger clause was added to the constitution which added small print to the first amendment. The clause was added to stop people from opposing the draft and United States war efforts when entering world war one. The clause states that if speech or writing poses a clear and present danger to others than it is not permitted under the first amendment. Under the same principal, you can’t scream “fire” in a crowded theater without consequences.
The U.S. Supreme Court has defined “fighting words” as words "which by their very utterance inflict injury or tend to incite an immediate breach of the peace” and are words that are "likely to cause an average addressee to fight." Chaplinsky v. New Hampshire, 315 U.S. 568, 572
Two ideas that were similar and that were shared by the sources are that the first amendment guarantees freedom of speech. Source #3 and source #4 explain how they would harm innocent people and would accomplish nothing positive. Source #3 proves that it is good for us to have freedom to say what we want but that there should also be limits to what we have the right to say. Source #3 states, “ The First Amendment to the United States Bill of Rights guarantees freedom of speech. But what if a person were to shout “Fire!” in a crowded movie theater when there was no fire at all ? The decision to do such a thing would put innocent people in a harm’s way while accomplishing nothing positive.” What is stated above shows that it would harm people by them assuming there is really fire and panic when there actually isn’t anything. Source #4 explains how all our freedoms are important and how we can hurt
Ronald Regan once stated, “Man is not free unless government is limited.” We live in a country where the expression, “freedom,” is relentlessly used. The first amendment of the United States constitution protects our freedom of expression from government interference, which is exactly what we are currently up against. Unfortunately, like many other things in this country, freedom is becoming a questionable illusion. With the development of digital technologies, the government’s scope has become much wider, intruding every possible aspect of our lives. Many Americans are fully aware that they are being recorded in public places for the intention to protect against, and eliminate crime. Take for example, cameras to record our vehicle movements to ensure that we are driving at a reasonable speed, in compliance with the New York State Law. That appears completely harmless and beneficial to our own well-being. Now, imagine sitting at your computer unknowing to the fact that the FBI has turned on and is observing you through your webcam. The National Security Agency has a specialized tool, better known as GUMFISH that indeed, has access to taking photos
Freedom has limitations just as it has privileges. Everyone is allowed freedom of speech, but if an individual were to yell fire in a public building they would be thrown in jail. Thus implying that freedom of speech has limitations. The government does in ...
According to the Society of Professional Journalist’s Code of Ethics, an aspect of ethical journalism is to “Support the open and civil exchange of view, even views they (journalists) find repugnant.” There have been many disputes over mainstream media’s adherence to this code, mainly by Donald Trump and his supporters. In the past few weeks, Trump has been arguing that mainstream media is biased against him and only reports articles that discredit his campaign. Trump had his lawyers send a letter to the New York Times (NYT) threatening to sue them if articles that were “reckless, defamatory, and constitutes libel” were not retracted. However, according to a NYT search of the biggest detriment of Clinton’s campaign in the NYT, “Clinton email,”