“The first 10 Amendments to the Constitution, or more appropriately, the first eight, are called the Bill of Rights.” (Kanovitz, 2015, p. 20) The First Amendment protects the freedom of speech, freedom of the press, freedom of religion, right to petition, and right to assemble. Although many believe that the first amendment gives full protection, there are certain limits placed upon it. Freedom of speech has limitations when it comes to obscenity, inciting immediate unlawful action, and using fighting words. Where many seek freedom, they are met with limitations.
The Miller v. California case is an example of a limitation on the First Amendment. In this particular case, the First Amendment does not protect obscenity. In January of 1972, Marvin …show more content…
U.S.”)This test was invented in the aftermath of the Schenck v. United States case. Charles Schenck was a leader of a Socialist party who decided to send information to men who were recently drafted for the war. The content of the letters criticized the war and advised the men not to go to war. He was later convicted under the Espionage Act. The government claimed that Schenck violated this act by his actions that could incite insubordination in the soldiers. Schenck then responded that the Espionage Act violated the First Amendment. The Supreme Court determined that the Espionage Act did not violate the First Amendment. “The Court then argued that "the character of every act depends upon the circumstances in which it is done." While in peacetime such flyers could be construed as harmless speech, in times of war they could be construed as acts of national insubordination.” (McBride, Schenck v. U.S.) Mr. Schenck had the right to speak his mind but his message was reckless. The aforementioned “clear and present danger” test was replaced with the “imminent lawless action” test that was born from the Brandenburg v. Ohio case in 1969. This test protects a much broader range of speech. It also entails that the government may only limit speech that incites unlawful
The Miller v. California case is an example of a limitation on the First Amendment. In this particular case, the First Amendment does not protect obscenity. In January of 1972, Marvin …show more content…
U.S.”)This test was invented in the aftermath of the Schenck v. United States case. Charles Schenck was a leader of a Socialist party who decided to send information to men who were recently drafted for the war. The content of the letters criticized the war and advised the men not to go to war. He was later convicted under the Espionage Act. The government claimed that Schenck violated this act by his actions that could incite insubordination in the soldiers. Schenck then responded that the Espionage Act violated the First Amendment. The Supreme Court determined that the Espionage Act did not violate the First Amendment. “The Court then argued that "the character of every act depends upon the circumstances in which it is done." While in peacetime such flyers could be construed as harmless speech, in times of war they could be construed as acts of national insubordination.” (McBride, Schenck v. U.S.) Mr. Schenck had the right to speak his mind but his message was reckless. The aforementioned “clear and present danger” test was replaced with the “imminent lawless action” test that was born from the Brandenburg v. Ohio case in 1969. This test protects a much broader range of speech. It also entails that the government may only limit speech that incites unlawful