The United States is known to have the freedom of speech under the Bill of Rights, however, certain speeches could be restricted. The court case Schenck v. United States has classified how the first amendment could be restricted from an individual if it causes a “clear and present danger”. The court ruled that Schenck’s words and expression are not protected under the first amendment as he attempted to disturb military efforts during wartime. The impact of Schenck v. United States was negatively substantial in the United States as it describes that free speech does not have unlimited authority when it comes to causing a clear and present danger to society. Furthermore, the case has negatively affected other court cases with similar aspects…
Over the years people have been overusing the First Amendment as source of defense. Since the first amendment entitles people the freedom of speech, people like to use it as an excuse to express their emotions about a certain situation knowing that the first amendment protects them. Therefore, they take less responsibility for their actions and blame the constitution for their slip-ups. In Free-Speech Follies by Stanley Fish, Fish addresses the First Amendment issue. Fish states that people use the First Amendment to excuse themselves from the criticism that their actions have cause.…
Freedom of speech has been an integral part of American society ever since the founding fathers gathered in Philadelphia to create the nation’s fundamental laws. The first amendment of the Constitution guarantees every American citizen the right to freedom of speech. In recent years, questions have arisen about whether free speech should be regulated, specifically on college campuses. Are college students too sensitive to handle issues brought up in free debate? Two articles that address this issue are “Millennials Will Soon Define ‘America,’ and That’s a Problem for Ideas” by Julie Lythcott-Haims and “Today’s Students Have a New Way of Looking at Free Speech” by Kathleen McCartney.…
The first amendment protects freedom of speech, but does it give somebody the right to burn the flag? Gregory Lee Johnson was sentenced one year in prison and was fined $2,000 for burning the U.S flag at a convention in Dallas in 1984. The Texas vs. Johnson case was taken to Supreme Court and the court has determined that burning the flag is a criminal offense, they also had to prove how it isn’t related to the first amendment, and how prohibiting the desecration of the flag was narrowly tailored to furthering this interest. Freedom of speech is protected by the first amendment and it basically means anyone has the right to speak their mind or express it. When Johnson doused the national flag in kerosene and lit it on fire, Texas saw it as…
The first one is targeted abusive speech, second large number of abusive speech, third organized political exclusivity, and fourth slander against any specific groups. Certain speeches do not fall under the Free Speech Principle which are called “uncovered speech,” when that occurs there has to be a counter part to the speech. It has to have benefit and cost, usually the benefits out weighs the harm in the speech. Freedom of Speech is supported by justification because each speech is given factor in some benefit that over rules…
Sojeong Lee Journalism 400 Exam 1 The First Amendment protects freedom of speech with restrictions made by the court to protect the peace of society. These exceptions include any speech that is libel, obscenity or incites imminent violence and illegal activity. The government may intervene and take action against the students if the material of the publication or their conduct is considered unprotected speech.…
The freedom to speech is very important to many Americans. However, many wonder if some speech should be prohibited especially while online. This is because it is harming, slandering, or hateful. The best way to evaluate this issue is through Deontology. This is because every American has a right to free speech, according to the constitution, they also have duties and consequences that come with being able to say whatever they want.…
Overtime the Supreme Court has carved out different categories of speech. The Courts have established some speech to be totally protected by the First Amendment, some speech to not be protected by the First Amendment, and some speech to be subjected to different tests and standards to determine whether or not they are protected by the First Amendment. There is sort of this set hierarchy of different classes of speech from that of which is most protected to that of which is least protected. Speech that is subject to the prohibition without violating the First Amendment is speech that is deemed to be absolutely lacking in any type of value. Basically, the Courts have determined that some speech is just valueless and contributes nothing to our…
Freedom of speech is a privilege all Americans share. A person can state whatever they please, so long as it doesn’t cause a clear and present danger, without government interference. The idea that someone can legally think, be, and say whatever they want is what lead millions of immigrants to form the U.S. back in 1776 and is the same reason people fight for their right to live here today. Thanks to information being so accessible in this digital age, individuals are told that they are allowed and to study and form an educated opinion. This comes with one catch.…
Larry Flynt once said, “If you’re not going to offend somebody you don’t need the First Amendment.” This quotation means that if you are unable to help somebody protect their rights, then you are not using the freedoms the first Amendment guarantees. On December 15, 1791, the state of Virginia ratified that the citizens of The United States were now protected of their essential freedoms. (FirstAmendmentCenter.org)This means that American citizens now had the freedoms of speech, press, religion, assembly, and petition. The amendment clearly 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; or the right of the people peaceably…
The first amendment states the five general freedoms of an American citizen: freedom of speech, religion, the press, assembly, and the right to petition the government. On occasion we neglect these write that others have, and we forget the rights that we have. First part of the amendment is the right to free worship and speech. These two rights are relevant in our society today for the reason that it gives us the opportunity to stand up for what we believe in, without being persecuted. We as Americans are lucky to worship freely and speak for what we think is right, Others in countries around the world do not have the privileges we have under killed for sticking up for themselves.…
The First Amendment protects citizen’s rights to free speech. The First Amendment is “applied to the states through the Fourteenth Amendment, restricts governmental interference with citizens’ free expression rights” (McCarthy, Cambron-McCabe, & Eckes, 2014, p. 93). However, students’ right to free speech in the educational setting can be limited if “the expression is likely to disrupt the educational process or collide with the rights of others” (McCarthy et al., 2014, p. 98). The Supreme Court applies the First Amendment in many cases regarding free speech. Through these various cases, the Supreme Court has established four legal principles to guide student expression rights in public educational facilities (McCarthy et al., 2014, p. 95).…
It is a lifestyle! Freedom of speech crosses the borders of just recognizing that American citizens can verbally express their opinions or post anonymously online. This liberty grants them independence to express themselves through any mixed media medium that channels their personal creativity and…
The right to having free speech is one of the basic human rights that pretty much everybody knows firsthand. Some people abuse this right, and some use it just right! Freedom of expression is super important because it enables the public to participate in the decision making spectrum of society with free range of information and ideas. Without this, people would be unable to make informed decisions, and things would be complete and utter chaos. The framers of the United States Constitution probably thought that through, which is why we even have the first amendment freedom of speech.…
The concept that freedom of speech has and continues to be used as the basis for oppression of others is a contradiction in itself. For far too long, individuals have been the target of free speech hate banter and silenced in practicing their own right of free speech because they are left feeling inferior to the groups who silence them. Freedom of speech is not an equal right but a right granted by those who control the consequences of practicing free speech. In the last year, practicing free speech in the form of protesting the national anthem was met with extreme backlash and anti-patriotic rhetoric for those who practiced their right of free speech. As for the perceived need for national consensus during a war, this is nearly impossible…