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Essays about free speech
Freedom of speech and why it's important to guarantee
Limits on free speech in america essay
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“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. The free speech clause in the Bill of Rights states: “Congress shall make no law…abridging the freedom of speech” (US Const., amend I). This clause, albeit consists of a mere ten words, holds much power and affluence in the American unique way of life. It guarantees Americans the right to speak freely without censorship by preventing the government from restricting the rights of the people to express their opinions. Consequently, this freedom can encourage citizens’ participation in politics; promote an adaptable and tolerant community; facilitate the discovery of truth; and ultimately create a stable nation. However, how much freedom should be granted to an individual? Where should the line be drawn for the coverage free speech protection? (1) What happens when the exercise of free speech puts other constitutional values in jeopardy? What values should prevail? (2) In an attempt to address these questions, many opposing interpretations have been presented. While some construe this clause in an absolute, categorical approach, others take on a more lenient, balancing stance. (1) In ca... ... middle of paper ... ...constitutional values. Even though categories can be applied without referencing the underlying principles, the establishment and rationalization of these categories rely heavily upon those values. Otherwise, the legitimacy and stability of the constitution can be undermined. Furthermore, both acknowledge that words that can result in harmful actions, such as yelling “Fire!” in public, do not have immunity from regulation. Even the devoted absolutist Justice Black was flexible when it comes to outlining the borders around “speech” He did not give all speech-like acts complete protection and was quick to classify speech acts that are out of bounds of the First Amendment. (1) Ultimately, the divergence in interpretation boils down to the age-old conundrum: Rules versus standards. Inevitably, there will always be those that will abuse the right to free speech.
Justice Jackson's disagreement on the ruling of the Terminiello case is supported by many historical examples which demonstrate that freedom of speech is not an absolute right under the law. Although Terminiello had a right to exercise his right under the First Amendment, had the majority carefully considered this principle it should have rejected his claim. In this case, the majority's treatment of Terminiello's case skirted the real issue and did not benefit from true constitutional interpretation.
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.
Because it is a Constitutional right, the concept of freedom of speech is hardly ever questioned. “On its most basic level [freedom of speech] means you can express an opinion without fear of censorship by the government, even if that opinion is an unpopular one” (Landmark Cases). However, the actions of Americans that are included under “free speech,” are often questioned. Many people support the theory of “free speech,” but may oppose particular practices of free speech that personally offend them. This hypocrisy is illustrated by the case of Neo-Nazis whose right to march in Skokie, Illinois in 1979 was protested by many, but ultimately successfully defended by the American Civil Liberties Union (ACLU). The residents of this predominantly Jewish town which contained many Holocaust survivors were offended by the presence of the Neo-Nazis. However, then ACLU Executive Director Aryeh Neier, who...
Lawrence, Charles R., III. "The Debate over Placing Limits on Racist Speech Must Not Ignore the Damage It Does to Its Victims." (n.d.): n. pag. Print.
The Amendment I of the Bill of Rights is often called “the freedom of speech.” It provides a multitude of freedoms: of religion, of speech, of the press, to peacefully assemble, to petition the government. Religious freedom is vitally important to this day because it eliminates the problem of religious conflicts. Historically, many people died for their beliefs because their government only allowed and permitted one religion. T...
When the individual gets attacked verbally because of their controversial statements, they claim that they had the right to speak their mind no matter how disturbing their words were. They use the First Amendment as a cover for their wrong-doings, and that is never okay. They need to be educated on what they can and cannot say. Just because the First Amendment guarantees a person the freedom of speech, does not mean that they are entitled to say whatever they please. The article “Freedom of Speech” explains if an individual were to use “fighting words” then they are automatically not covered under their First Amendment. The Supreme Court decided in the case Chaplinsky v. New Hampshire that “fighting words” were not constitutional, so they would not be protected under the First Amendment (2). Many people misunderstand that much of their opinions that they speak consists of words that are unclear. More than half of the time the words they use in their statements are considered to be fighting words, for they are rude and ignorant. There is no need for the obscene words that they use to be protected under the First Amendment. They must become aware of their lack of knowledge for what “fighting words” are; furthermore, they
According to “Freedom of Speech” by Gerald Leinwand, Abraham Lincoln once asked, “Must a government, of necessity, be too strong for the liberties of its people, or too weak to maintain its own existence (7)?” This question is particularly appropriate when considering what is perhaps the most sacred of all our Constitutionally guaranteed rights, freedom of expression. Lincoln knew well the potential dangers of expression, having steered the Union through the bitterly divisive Civil War, but he held the Constitution dear enough to protect its promises whenever possible (8).
The First Amendment protects the right of freedom of speech, which gradually merges into the modern perspective of the public throughout the history and present. The restriction over the cable TV and broadcast media subjected by the Federal Communications Commission violates the freedom of speech, irritating the dissatisfied public by controlling over what can be said on the air. Should the FCC interfere with the free speech of media? The discretion of content being presented to the public should not be completely determined by the FCC, but the public in its entirety which enforces a self-regulation with freedom and justice, upholding and emphasizing the freedom of speech by abolishing the hindrance the FCC brought.
In today’s society, free speech is a right guaranteed to every American in the U.S., but not all countries give their citizens that right. As computer and internet technology has grown, so too has the number of violations against free speech around the world. Some of these include censorship of the press by the government, punishment for speaking against the government, and punishment for voicing unpopular opinions. The computer and internet technology of the world is often used in these suppressions of free speech.
The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no... Court could regard them as protected by any constitutional right. The question in every case is whether the words are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to
Kent Greenfield, in his article “The Limits of Free Speech,” questions whether the First Amendment is correctly interpreted. Greenfield’s purpose is to share different occasions with the readers, where the amendments true purpose is in question. He adopts a passionate yet indignant tone and uses different literary techniques such story-telling, an appeal to character, an informal voice and the use of repetition and rhetorical questions in order to display to the audience the true purpose of the First Amendment.
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
“The clash between the desire for free speech and the concern for the effect it had on society” (Friedman) has always worried those afraid of what c...
Freedom of expression is a right to express one’s ideas and opinions freely through speech, writing and other forms of communication but without deliberately causing harm to others’ character or reputation by false or misleading statements. Freedom of speech is freedom to speak anything without any censorship. The freedom of speech is not an absolute in any country and it is rightly common subject to limitations. Freedom of speech is a principle that supports the freedom of an individual or community to articulate ones opinion and ideas without fear or retaliation, censorship, or sanction. The term freedom of expression is sometimes used synonymously, but includes an act of seeking, receiving and imparting information or ideas, regarded less of the medium used.
Free speech is one of the defining rights that Americans hold dear. However in recent times, many use this freedom abusively to trick, deceive, belittle, and infringe on others’ free speech. The actions that UTM take against this professor and the fact that the professor writing incited more paranoia is, quite frankly, a complete and utter mess. These courses of action by both the “prosecutors” and the “defendant” infringe on both freedom of speech and the students of UT Martin’s peace of mind. This does present a significant question that has been pressed through and through this year. What truly are the limits on free speech and should they even have limits?