Essay on The Freedom Of Speech : An Unrestricted And Unlimited Right

1170 Words Nov 15th, 2016 5 Pages
The chief reason speech is thought as an unrestricted and unlimited right is from the misunderstanding of the nature of the constitution, primarily the First Amendment. First, it must be recognized that there are no absolute rights. Though the amendment reads, “Congress [and state governments following the 1868 ratification of the Fourteenth Amendment] shall make no law…abridging the freedom of speech”, the seemingly and often misinterpreted infinite nature of the freedom of speech clause is rendered null when the vast, upheld restrictions of speech are considered (US const. amend. I; amend XIV, sec 1). Speech that aggrievedly defames, invades privacy, causes panic, provokes retaliatory violence or incites crimes is and ought to be restricted under the Millian principle that law is to protect citizens from harm, and punish those who harm others (Feinburg 1). The circumstance of speech is of profound importance when considering the quality of protection speech receives under law. We must also note that private institutions, like Berea College, are not legally obligated to follow constitutional law in the same fashion as federal or state institutions. Thus, we reject the notion that the Berea College student-tenants may display all that they wish to exhibit on bases of their constitutional privileges.
Berea College has sufficient legal interest and capability to coerce the student-tenants to remove the offending flags from campus property. Under section (B) “Unacceptable…

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