One of the most important rights the American people have is the freedom of speech. The Constitution states; “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.” The freedom of speech and press gives the people the right to express their views, and hear the views of others. The American government is set up in a way that requires the ability of the people to express their views. While, freedom of speech is protected by the 1st amendment, not all forms of expression are. Libel and slander are both forms of expression that the Constitution does not protect, the printing of obscene material is also prohibited. Roth v. United States, 1957, marked the first
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In Cohen v. California, 1971, a department store worker was charged for having a saying on his jacket in opposition to the draft. He was charged under a California law that prohibits “willfully disturb[ing] the peace and quiet of any neighborhood or person [by] offensive conduct.” However, when taken to the Supreme Court, it was decided in a 5-4 decision that the law violated his 1st amendment rights. As Justice Harlan said “the First and Fourteenth Amendments have never been thought to give absolute protection to every individual to speak whenever or wherever he pleases, or to use any form of address in any circumstances that he chooses.” While, there are more clearly defined boundaries of freedom of speech and press, it is still an issue today. In September, 2017, the NFL National Anthem protest began to become very publicized. Some argue that these players should have to stand to show respect for the United States and all the people that have served to protect the U.S. However, doing this would violate their 1st amendment right of expression, while they should show respect, they also have the right to
In Cohen v. California, 1971, a department store worker was charged for having a saying on his jacket in opposition to the draft. He was charged under a California law that prohibits “willfully disturb[ing] the peace and quiet of any neighborhood or person [by] offensive conduct.” However, when taken to the Supreme Court, it was decided in a 5-4 decision that the law violated his 1st amendment rights. As Justice Harlan said “the First and Fourteenth Amendments have never been thought to give absolute protection to every individual to speak whenever or wherever he pleases, or to use any form of address in any circumstances that he chooses.” While, there are more clearly defined boundaries of freedom of speech and press, it is still an issue today. In September, 2017, the NFL National Anthem protest began to become very publicized. Some argue that these players should have to stand to show respect for the United States and all the people that have served to protect the U.S. However, doing this would violate their 1st amendment right of expression, while they should show respect, they also have the right to