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Freedom of speech constitution important
Freedom of speech amendment
Civil liberties and speech
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The United States has always been a champion for freedom. Individual freedom and expression is the very foundation upon which this nation was founded. The First Amendment and freedom of speech is one of the American people’s most precious freedoms. However the line between the protection of free speech and that of unlawful actions are often blurred. Are speeches that incite lawlessness and chaos protected under the First Amendment? When does an act that is potentially harmful to good order and discipline no longer fall under the constitutional protection of free speech? Texas v. Johnson was a case in which state law was argued to be in violation of an individual’s First Amendment right to freedom of speech. This case was important because it clarified the definition of speech under the law. This determined whether or not symbolic speech and actions were protected by the First Amendment or not. Within this paper the arguments from both sides of the case will be presented and the issues will be clarified. …show more content…
Mr. Johnson was arrested for violating Texas law in desecrating a venerated object. The case went to court in the state of Texas and Johnson was convicted. “The only criminal offense with which he was charged was the desecration of a venerated object in violation of Tex. Penal Code Ann. § 42.09(a) (3) (1989). [n1] After a trial, he was convicted, sentenced to one year in prison, and fined $2,000”. Johnson then appealed to the Supreme Court arguing that his actions were protected under the First Amendment to the Constitution as free speech. The Supreme Court agreed to hear this case and did so March 21,
Johnson and his lawyers were dissatisfied with this decision and made an appeal to the Fifth Texas Supreme Judicial District. This appeal, made on May 8, 1985 would be titled as Texas vs. Johnson. The defense argued that Johnson was prosecuted in violation of the first Amendment, clearly states that no law may take away a person's freedom of speech or expression, and of the Bill of Rights and the free speech clause of the Texas Constitution. Johnson argued that in his opinion, flag burning is part of freedom o...
This is a case of great importance because it addresses the issue of the broadness of the First Amendment as well as student’s freedom of speech rights being limited based on vicinity and because they are students. From this case it can be concluded that the courts were indecisive in their decision making process and that they will continue to interpret the First Amendment to their suiting and not as it is written. Finally, schools do need to have the right to enforce policies that are beneficial to the students.
Justice Jackson's disagreement on the ruling of the Terminiello case is supported by many historical examples which demonstrate that freedom of speech is not an absolute right under the law. Although Terminiello had a right to exercise his right under the First Amendment, had the majority carefully considered this principle it should have rejected his claim. In this case, the majority's treatment of Terminiello's case skirted the real issue and did not benefit from true constitutional interpretation.
Much history came within the Texas v. Johnson case. It all started during the 1984 Republican National Convention, this is where Johnson participated in a political demonstration to protest what policies Regan was administrating (Brennan 1). A march was occurring throughout the city streets, which Johnson did take part in. Johnson burned an American flag while protesters chanted him on (Brennan 1). No person was specifically injured during this protest; although, many witnesses were severely offended (Brennan 1). Johnson was convicted of Desecration of a venerated object, which violated the Texas Statue. The state court of appeals affirmed Texas Court of Criminal Appeals and reversed the case stating it was a form of expressive conduct, so it was alright (Brennan 1). In a 5 to 4 decision the Supreme Court came to the conclusion that Johnson’s burning of the flag was protected under his First Amendment rights (Brennan 1). The court also found that although witnesses may have found it offensive, does not...
Can an individual be prosecuted for openly burning the American flag in a political protest? Gregory Johnson did this in a political protest outside Dallas City Hall. He was then tried and convicted of desecrating a venerated object under a Texas law (Penal Code 42.09), which states that "a person commits an offense if he intentionally or knowingly desecrates a state or national flag" (317). The question of whether this Texas law is in violation of the First Amendment, which "holds that Congress shall make no law... abridging the freedom of speech" (316), was brought before the United States Supreme Court in Texas v. Johnson (1989). A divided court ruled 5 to 4 that the Texas law was in violation of the First Amendment. Using the same Constitution, precedents, and legal standards, the Supreme Court justices came to two drastically different positions regarding the constitutionality of prohibiting flag burning. To see how such a division is possible, we are going to compare and contrast both the arguments and the methods of argumentation used by both the majority opinion (written by Associate Justice Brennan) and the dissenting opinion (written by Chief Justice Rehnquist), which critiques the majority opinion.
In Supreme Court cases, it is difficult to determine which side the judges will rule because the cases are often very controversial. The Constitution and one’s rights need to be protected, and if it goes against the Constitution, the consequences will not be agreed upon. As a result, in Holmes’ analysis, it ultimately brings to light the importance of results often being black and white, but they truly aren’t. The public still has a long way to go in not only understanding the law, but also the reasons why judges make these different decisions. But the most important thing is that the U.S. Constitution is always followed.
He was sentenced to one year in jail and given a $2,000 fine. After the conviction was reversed by the Court of Criminal Appeals, the case went up to the supreme court. “In a 5-to-4 decision, the Court held that Johnson’s burning of the flag was protected expression under the First Amendment” stated oyez.org. This final decision stated that Johnson’s actions were protected by the First Amendment, falling under expressive conduct. The court stated this principle that “the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. This court case proved that the, Bill of Rights is still valid, and is protecting the people and limiting the government. But in some other controversial cases, certain amendments seem to be
In the film The People v. Larry Flynt, there are several notable court cases that tap into the issue of free speech. The main speech that caught my attention was the Hustler Magazine v. Falwell. Throughout this paper I will show an understanding of the issues in this particular case, including the speech issues, arguments that support the speech, arguments that suppress or punish the speech, issues I agree with in the case, and how the case may be different in a different time period. Also, I will give a short review of how I might direct or construct the film different. This was an critical case to protect our 1st Amendment right to free speech and how Larry Flynt helped protect that.
The reason why the justices argue about whether Ben’s t-shirt was speech is because some of them believe that the message and symbols on one’s clothes are not speech, and they believe that those messages and symbols are simply one personal interest of what to wear, and it is not related to speech at all. They have to clarify what is speech; otherwise, they cannot define whether the first amendment protects it or not.
Constitutionally, the case at first appears to be a rather one-sided violation of the First Amendment as incorporated through the Fourteenth. The court, however, was of a different opinion: "...
First Amendment protections were upheld in the case of Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) (Reno, 1997). The Communications Decency Act of 1996 was found to violate the First Amendment’s protection of freedom of speech. In appealing the CDA, appellees were hoping that the court would determine that the CDA violated both First and Fifth Amendment rights. While the court agreed that the CDA violated First Amendment rights, they did not rule on the issue of Fifth Amendment rights violations. Both constitutional and criminal issues were being addressed in this appeal.
The Free Speech Movement protested the ban of on campus political activities and speeches. Thousands of students became involved in this protest and together they displayed how much power there was in student activism. In the fall of 1964, the Regents of the university enforced a new ban that blocked students from holding political activities at Sproul Plaza on Bancroft and Telegraph. This was unsettling to them because the Bancroft Strip was a key location that students occupied when trying to reach out, raise funds and speak up for what they believed in. Previous policies suggested that student life outside of the university wouldn't be tampered or interfered with, so this was an outrage to the students of UC Berkeley. When the regents took time to revise and tweak the ban, students were still unhappy with the decision, so a sit in at Sproul Hall was organized and it lasted for nearly 10 hours.
Two ideas that were similar and that were shared by the sources are that the first amendment guarantees freedom of speech. Source #3 and source #4 explain how they would harm innocent people and would accomplish nothing positive. Source #3 proves that it is good for us to have freedom to say what we want but that there should also be limits to what we have the right to say. Source #3 states, “ The First Amendment to the United States Bill of Rights guarantees freedom of speech. But what if a person were to shout “Fire!” in a crowded movie theater when there was no fire at all ? The decision to do such a thing would put innocent people in a harm’s way while accomplishing nothing positive.” What is stated above shows that it would harm people by them assuming there is really fire and panic when there actually isn’t anything. Source #4 explains how all our freedoms are important and how we can hurt
With an ever changing political climate, the first amendment right of free speech has been called into question. On college campuses it is no longer a black and white when it comes to freedom of speech. Free speech can come in many forms such as protest, journalism, and social media. This raises the question: is using the right of free speech to shut down someone else’s own right unjust? The grey area lies here, where the answer is not as clear. The right to freedom of speech should not be abridged, if one believes contrarily, they themselves, are in violation of the first amendment.
Freedom is the idea that founded the greatest country to exist: The United States of America. This principle has guided the way for other countries to create and share their own freedoms and constitutions. Within America, the Bill of Rights might be the most important document for any citizens to walk within the borders. On that document, the understanding of freedom to believe, speak, press, and assemble hold the highest value. In the modern context, freedom of speech is under fire. Examples raging from all corners of the country: Donald Trump’s word choice, cartoon drawings of Muhammad, comedians, and many more. One question that comes from this issue is its place in mass media; specifically the freedom of speech.