The First Amendment Protects Free Speech Name Instructor Class Date The First Amendment does protect free speech. More precisely, it protects a person’s legal right to express their opinions freely without fear of government intervention. The Constitutional right extends solely to government attempts of suppressing speech not corporations, organizations or individuals…
Speech, as defined by the Constitution is not limited to the spoken word. It can be an expression or idea. Symbolic speech, as it is often referred to, includes various types of nonverbal communications such as peaceful protests, campaign signs in the front yard and burning the American flag. Yes, burning the flag is a legal expression of free speech. The Supreme Court, through years of rulings, has clearly defined the parameters of free speech. For example in 1969 Brandenburg v. Ohio case the Court ruled that government could not forbid speech that encourages subversive or illegal activity unless that “advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” (Brandenburg v. Ohio, 1969) Using Brandenburg as precedent the Supreme Court ruled the government could not prosecute a Vietnam draft dodger who said “if they ever make me carry a rifle, the first man I want in my sights is L.B.J.” in Watts v. U.S. (1969). ...
A person risks their life in many other countries for much less flagrant self expressive speech than that. The right to free speech is not all-inclusive however. The Court has ruled speech which damages another person’s reputation or defamation including both slander and libel is actionable in court. (Cohen, 2009). “Defamation law attempts to balance the freedom of speech and open exchange of ideas without giving someone permission to run around spreading lies about another that may harm his or her reputation, ability to earn a living, etc.” (Fabio, 2009). Merely expressing an opinion, however, is not regarded as defamation. Factual statements can only be considered defamatory. Public figures such as celebrities and government officials have not enjoyed the same level of protection under defamation laws. For those in the “public eye” actual malice toward that person by the speaker must be demonstrated in order to prevail on a defamation claim. (Cohen, 2009). This is the reason we see so many celebrity tabloids with outrageous headlines in he checkout lanes in grocery stores. It’s much tougher for celebrities to win a lawsuit than the general public. Most forms of speech are covered by the First Amendment but besides defamation other types of speech may be legally restricted and civil litigation initiated based on these restrictions. The Supreme Court has set guidlelines for these other types of speech such as obscenity, causing panic, incitement to crime, sedition, fighting words and hate speech. The test for obscene speech established by the Court is (a) whether that spoken word or expression of speech such as artwork is regarded by the average person as being erotic, (b) whether the words or art depicts acts that are obviously offensive, and (c) ...
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Hague v. Committee for Industrial Organization, 307 U.S. 496 (1939) http://supreme.justia.com/us/307/496/case.html This case involved the freedom of assembly as it has to do with controlling whether or not a certain group could meet in public places. The mayor of Jersey City wanted to stop labor meetings from occurring, and so he used a city ordinance about Communist groups to try and forbid them to gather.
While trying his best to make sense of the lecture, he became frustrated and yelled “Fuck history. I hate history and all this bullshit. I don’t even know why we need to learn this shit. I am damn sure that our government is bunch of corrupt fools.” Entire class burst into laughter except our history teacher.
Freedom of expression not only encompasses the rights to freedom of speech and freedom of the press, but also the right to assemble as well as to appeal to the government in case of complaints. The First Amendment, which was implemented in 1791, stated that the congress would not create any law respecting formation of religion, or barring the open exercise thereof; or shortening the openness of speech, or of the press; or the moral of the citizens peaceably to collect, and to request the Government for a redress of complaints.
On the surface, this Amendment seems to provide a lot of benefits to the American society. For example: media has the freedom to provide information to the citizens of US, and the citizens of US are free to fight for their rights that might be violated by the government through changes in constitution.
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 new American settlers brought with them a desire for democracy and openness. They left behind a history of tyranny and official control of information. Using this experience as their guide, the constitutional fathers wrote into their new Constitution a Bill of Rights, which contained the First Amendment.
According to them, the Congress must pass on legislation to chop off the amount of spam. 2 Spam messages are used to flood e-mailboxes, all over the internet. They sell everything that can be from sex to education. It is communicated with the internet users either by sending bulk of mails or through the posting of newsgroups, carrying to the internet mailing list.
It gives them the right to make public opinions, news and information without any meddling from the government. It grants people the right to gather and march in public, demonstrate, protest and carry signs to express their
This case involves the complaint to a mass mailer of sexually explicit pamphlets. It is part of an advertising campaign to sell books. But those who received them became angry and offended. So they filed a
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