Essay On Freedom Of Speech Should Have Limitations

Superior Essays
“Congress shall make no law abridging the freedom of speech” is the first amendment of the U.S. Constitution. Does this amendment state that I can say anything, without restriction, and not have consequences from the government? The language the first amendment uses indicates that government cannot restrain any speech; but, there is speech that is constitutionally protected and there is speech that is not constitutionally protected. I believe the wording of the amendment is broad and we do have and need these restrictions. The right to freedom of speech should not be absolute. The evident speeches that are constitutional and protected by the government are motivational and positive-message speeches promoting wellness. On the contrary, speeches that quickly motivate to do harm or express harm are not fully protected by the constitution. The method someone decides if a speech is exceeding neutrality is by getting someone who is neutral to decide. This is …show more content…
Freedom of speech will not protect students who join these protests because they are taking action in school property and during school hours or events. For example, in the state case Tinker v. Des Moines Independent Community School District, two students decided to wear black armbands to express their encouragement to the agreement made during the Vietnam War. The school indicated them to remove the armbands but they denied. In consequence, the students got suspended. The school 's reason was because they didn 't want this act to disrupt the learning process in school. The government sided with the school officials because the students were in school property and the school has the right to discipline the students. Lastly, speech that promotes illegal drug use is not constitutionally protected either because it clearly encourages illegal

Related Documents

  • Improved Essays

    Texas vs. Johnson (An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision) The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words.…

    • 1129 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    In this case their right to prohibit lewd language. Yes individual rights are something that should be taken into account but common good should always be put before one’s individual rights. In this case there are many younger viewers during the speech. Some students hooted and yelled; some by gestures graphically simulated the sexual activities pointedly alluded to in respondent 's speech. Other students appeared to be bewildered and embarrassed by the speech.…

    • 1156 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The reasoning was to follow through with the plans that the students from Parkland had arranged and to make a difference. The difference they want is ultimately safer schools through better security as well as universal background checks for people…

    • 661 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The first amendment also “...abridges the freedom of speech..” which makes it illegal to, well, stop the freedom of speaking and voicing out your opinion.(Jefferson and Morris…

    • 452 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Having Free Speech is the basic right that Americans have, it is the ability to speaks one’s mind and ideas. Theres are many benefits to having the ability to project ideas without censorship. Caleb Yong author of “Does Freedom of Speech Include Hate Speech?” argues that the liberal justice has a special protection against the restriction of speech and expression, he calls it “Free Speech Principle” where it includes its “sensitivity to the distinction between coverage and protection (Yong)” that the speech should be monitored. Hate speech is too broad to single out the negative effect that it can have in any group. The main concept of this article includes the four categories that hate speech can be set in.…

    • 1030 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Baker kept in mind the age and sophistication of her students, and therefore acted reasonably when she suspended Elizabeth, since Elizabeth impacted the pedagogical purposes of Lincoln Heights. “The determination of what manner of speech in the classroom or in a school assembly is inappropriate properly rests with the school board.” Hazelwood, 484 U.S. at 267. Federal judges should not be the ones deciding whether or not an action is reasonably related to the pedagogical purposes of the school, that power belongs to the school district and their employees. Id. Ms. Baker concedes that gun control is a topic that may be discussed in the classroom, but not unsupervised like Elizabeth’s speech, as the immaturity of the other students may cause an emotional disturbance to them.…

    • 1207 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Since the speech is not a direct threat to inflict harm on others, it passes the Brandenburg test from Brandenburg v. Ohio (1969), a case mentioned before. Since the speech is fully protected speech, the courts must show strict scrutiny and declare any restrictions…

    • 1012 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The most controversial speech that is often protected by the First Amendment is hate speech. Hate speech is "speech that offense, threatens, or insults groups based on race, color, religion, national origin, sexual orientation, disability, or other traits (americanbar.org). " If hate speech insights lawless action or violence, then it is not protected. Otherwise people have the freedom to demean others and use offensive language as they please. Other restrictions to freedom of speech include speech that disturbs the educational environment, promotes lawless action or violence, or infringes on the rights of another individual; these are unprotected speech (Is Freedom of Speech an Absolute…

    • 828 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Our constitution’s first amendment does not only protect free speech. The people have a right to peaceful protest, and to petition the government for a redress of grievances. Protest is one of the roots to democracy, people have the right to stand up for what they believe in. We do not have the right to say whatever we want with no consequences though. The “Fighting Words Clause” states that “Words which would likely make the person whom they are addressed commit an act of violence.…

    • 99 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Freedom of speech and expression is under the first amendment that being one of our most valuable rights that we possess as Americans. However in this case we will be discussing the first amendment and how it extends to students in school and how far it protects students on both sides. Bill Foster a student at a High school and not related to any gang activity suspended for wearing an earring that are barred due to gang activity. In this following suit we will examine whether or not Bill’s freedom of expression was violated in this case, and if so how, and if not why not.…

    • 741 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The first amendment of the constitution is the right of free speech; throughout our history the first amendment has been interpreted in a number of ways. Despite this fact all Americans agree that this is one of our most important rights, and lays the foundation for our nations core beliefs. The first amendment is a short statement “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.” (1) Though it holds a great deal of power, it upholds strong personal values, and sets a precedent for the future of our country.…

    • 1249 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    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).…

    • 701 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    To me both freedom of speech and academic freedom serve the same purpose and necessity, especially on a college campus. If institutions of higher learning are allowed to infringe on the expressed rights of students, faculty, and staff as a nation it is my belief that we have lost all hope in our government, and in the laws that are implemented to serve and protect us. The Bill of Rights was implemented to protect society, institutions of higher learning were also implemented to protect society, if one disregards the other it will be a systemic failure that we will all…

    • 750 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Freedom of speech can be debated on whether or not there should be boundaries to it or not and on what is considered freedom of speech. The First Amendment affirmed that "Congress shall make no law...abridging freedom of speech" but based on www.legal-dictionary.the free dictionary.com it states' All speech is not equal under the First Amendment. The high court has identified five areas of expression that the government may legitimately restrict under certain circumstances. These areas are speech that incites illegal activity and subversive speech, fighting words, obscenity and pornography, commercial speech, and symbolic expression'. On this information and amongst other I believe that freedom of speech is both restricted to a fault and abused.…

    • 980 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Should there be a limit for individual expression or guidelines to public opinions? Freedom of speech has been a controversial topic for many years, it was created when democracy was established to protect the people and individual rights. Since then it has become more of an issue in modern society due to the constant action of restriction on everyday speech. It has been argued that limiting the right to express a person’s opinion could eventually cause more harm than good. Other people might disagree and argue that a set of limitations could be a positive action to eliminate the negative and violent outcomes freedom of speech creates.…

    • 1554 Words
    • 7 Pages
    Improved Essays