Should Freedom Of Speech Be Protected?

Improved Essays
Are Lemen’s statements about the inn’s owners, customers, and activities protected by the U.S. Constitution? Should such statements be protected? In whose favor should the court rule? Why?
The First Amendment to the United States Constitution states that "Congress shall make no law abridging the freedom of speech." The right to free speech is fundamental and is one of the personal rights and liberties that are protected by the Fourteenth Amendment. However, the right to freedom of speech is not absolute. The abuse of this right may be punishable by the State. The freedom of speech does not embrace defamation and libelous speech is not constitutionally protected, nor should they be constitutionally protected. The court should rule in favor of

Related Documents

  • Improved Essays

    Another key term that relates to freedom of speech is slander. Slander is the action of making a false spoken statement to damage one’s reputation. In the case, hospital officials make false accusations against Churchill to make their story appear accurate. They wanted everyone to believe Churchill’s story solely involved personal…

    • 1019 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Freedom of Speech It was in 1791 that the United States transcribed the ten amendments within the Constitution. The first amendment, Freedom of Speech, is one of the most controversial laws in today’s society. It states that Congress shall make no law that reduces ones freedom of speech or freedom of press. Although there is a law in place stating such freedoms, it is not as clear and simplistic as it states.…

    • 824 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    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.…

    • 1102 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    What is Freedom of Speech? The Merriam-Webster dictionary define freedom of speech as “the right to express facts and opinions subject only to reasonable limitations (as the power of the government to protect itself from a clear and present danger) guaranteed by the 1st and 14th amendments to the U.S. Constitution and similar provisions of some state constitutions”. Freedom of speech is ones right to say what you please without fear of being punished, is among one of the most treasured freedoms throughout America. The founders of the United States government tried to protect our liberty by assuring a free press, to gather and publish information without being under control or power of another, in the First Amendment to the Constitution. As we know, the Supreme Court plays an important role in the subject of free speech and expression, and we need to understand that…

    • 641 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    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.…

    • 1012 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The exact nature of the First Amendment and what types of speech it protects has been argued ever since the adoption of the Constitution. Perhaps no other section of that great document has exited so much debate. Even today, there is still disagreement. Many people feel it is their right to criticize and challenge authority. There is, however, a distinction to be drawn between constructive criticism and destructive opposition.…

    • 739 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    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.…

    • 764 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Schools should be allowed to limit students’ online speech. But schools should limit students’ online freedom of speech because students’ cyberbully students and staff, disrupt students learning, and impacts other people 's lives. Both Freedom of Speech and The First Amendment has the same meaning, which is that there is no law that abridge the freedom is the right to give your opinion about a topic. The freedom to speak or write without the government restraint and First Amendment protects the freedom of speech, religion, and petition and they have the right to seek out writing and thoughts of anyone they choose to hear or write. The U.S. Constitution was signed on September 17, 1787, the constitution did not included all the freedom escentuals…

    • 1016 Words
    • 5 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

    (Investor’s Daily Business). The advocates were assembling in regard to immigration reform. President Obama did not allow our nation’s veterans and other visitors, that same liberty of assembly, when they were at the national monuments. The group of people were harassed by the police that were paid by the government to block the monuments’ access.…

    • 653 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    I’m tired of everyone exclaiming that they have a right to freedom of speech. She has an opinion. He has an opinion. And their only ammunition is that they have right to freedom of speech, so they continue to carry on with their foolishness. I wished that we were a communist nation that had strict laws that prevented citizens from expressing their feelings about social, political, racial and even sexual dilemmas that one may face daily.…

    • 617 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Justin Oliver Wendell Holmes set a test called” clear and present danger” and it was applied to both the national and state levels; therefore, the congress can put a limit of the freedom of speech in the first Amendment protection. The protection of the free speech would not protect all kind of speech. For example, it does not protect a man shouting in a theater and causing fear or panic. In this case the congress has the right to prevent that speech.…

    • 282 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Abel Field Case Analysis

    • 557 Words
    • 3 Pages

    In this case a man named Abel Fields falsely said that he worked in the military for eight years. He also claimed that he had earned a purple heart which you only earn if are wounded in battle. This man never served in the military so everything he said was false. He was making these claims in a public safety meeting, he told the public that they should listen to him because of his experience.…

    • 557 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Context Freedom of speech has been a foundation of the United States since its inclusion within the First Amendment in the Bill of Rights. As a right that every citizen in the country is granted, US citizens are allowed to express themselves freely without major repercussion because they are protected by the Constitution. However, on March 9, 1942, the U.S. Supreme Court ruled 9-0 that expression is divided into two categories: speech that has social value, or is “worthwhile speech,” and speech that has no social value known as “worthless speech” (Tedford & Herbeck, 2013, p. 189). Known as Chaplinsky v. New Hampshire, this case established what was determined “fighting words, but also stated that language that is obscene and profane can be regarded as worthless speech.…

    • 1728 Words
    • 7 Pages
    Superior Essays
  • Decent Essays

    The first amendment tells us that the government has to protect Freedom of speech. But i Think we should have more freedom’s like being able to chose the day’s you want to go to school. But that's my opinion.…

    • 157 Words
    • 1 Pages
    Decent Essays