Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
analysis on the first amendment
analysis on the first amendment
hate speech and the first amendment
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: analysis on the first amendment
Living in the United States we enjoy many wonderful freedoms and liberties. Even though most of these freedoms seem innate to our lives, most have been earned though sacrifice and hard work. Out of all of our rights, freedom of speech is perhaps our most cherished, and one of the most controversial. Hate speech is one of the prices we all endure to ensure our speech stays free. But with hate speeches becoming increasingly common, many wonder if it is too great of a price to pay, or one that we should have to pay at all.
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.
When the framers of the constitution penned these 45 words could they have known the extent that they would be studied and scrutinize? Are the words meant to be taken literally or is it the “spirit” to them that is most important? Many views exist and are hotly debated, but most agree that this amendment has enabled some of the best things in the history of our country to be said; and ultimately done. However it has also enabled some of the worst.
When discussing hate speech one has to address fighting words. Fighting words are words that the Supreme Court believes that even the mere utterance of them will inflict injury or incite an immediate breach of the peace. The court also believes these words are unnecessary for anyone to use, and that even if they were not used someone could still express their ideas.
Historically some hate speeches have contained fighting words, but they are view by the court as a separate entity. Fighting words are often classified as having absolutely no social value, and are not protected by the first amendment. In this regard I think that hate speech and fighting words are very analogous to indecent and obscene material. While indecent material might be frowned upon it is constitutionally protected, as where obscene material (also classified as having no social value) is not. This distinction was first made in the early 1940s in the Chaplinsky case.
Chaplinsky was a Jehovah’ s Witness, and one day while doing some face-to-face confrontations as part of his religious practices, an...
... middle of paper ...
...nts think is appropriate. That kind of gathering offers an opportunity for people to talk about something other than the Klan. It also shows the outside world the community does not condone Klan activity.”
Perhaps in the end all we can really do it to try and come to terms with hate speech on a personal level. I believe 100 percent in the first amendment, and I look at having to tolerate hate speech as a price I have to pay for enjoying such a wonderful freedom. I don’t think it would be effective or warranted to limit the peoples freedom in attempts to try and stop the despicable practice of hate speech.
Works Cited:
The Associated Press State & Local Wire, January 7, 2002.
Fales, John The Washington Times, Pg. 11 September 2, 2002.
Fein, Bruce The Washington Times, August 6, 2002.
Rodrigues, Janette The Houston Chronicle, Pg. 15 January 17, 2001.
Taylor, Lynda Guydon The Pittsburgh Post-Gazette, Pg. w3 June 24, 2001
Cases Cited
Black v. Virginia, 262 Va. 764, 553 S.E.2d 738 (2001)
Chaplinsky v. New Hampshire, 315 U.S. 568 (1942)
Texas v. Johnson, 491 U.S. 397 (1989)
Village of Skokie v. National Socialist Party 373 N.E. 2d 21 (1978)
The name of this patient is Davon; he is a five-year-old African-American male whom just moved from Chicago. The patient was visiting his pediatrician for a physical to enter kindergarten. The patient mother gave her history about confirming that she has the sickle cell trait and would like to know if her son is also a carrier for sickle cell. ("Sickle Cell Disease", 2015) “Sickle cell trait inherited from both hemoglobin A and S, in the red blood cells”. Those with this disease are still capable of having a healthy life. For instance, if one parent has sickle cell trait, and the other parent does not will only lead to the child having sickle cell trait or nothing. If both parents have the trait, then the child will genetically develop sickle cell disease inside the mother’s womb. Sickle cell trait is a transmitted disease that travels through the red blood cells. The symptoms of sickle cell trait is that when the skin gets pale, always cold, or even tired then that is a sign of having this disease. The patient cannot prevent this disease, due to this is something that is passed on from the womb and birth. Daily doses of penicillin can control the infection; on the other hand, it is not preventable. The only way to make sure that it does not get worse is the person must eat foods with high iron and even
And even though the First Amendment grants us the freedom of speech, including such hate speech, there are limits. The federal and all state governments, including public colleges and universities and private schools that accept federal financial aid, cannot unnecessarily regulate speech, with the following exceptions: “obscenity, figh...
In the play, Othello by William Shakespeare throughout the entire play it had portrayed symbolism and foreshadowing. These had influenced the most of the characters to act in a foolish ways. This leads us to a suspense ending that caused loved ones to go against each other. By not realizing what is going on between the characters can cause confusing in the plans of the play. Likewise, by connecting each of the following character made it seem we might have knew something was going to happen at the end. Throughout the play we are able to recognize that the handkerchief is played as an important part with all the characters. This is done by showing how each one of the characters is acting with it being loss. Due to it being misplaced some of the characters will do something they normally wouldn’t have done.
Fresh from the womb we enter the world as tiny, blank slates with an eagerness to learn and blossom. Oblivious to the dark influences of culture, pre-adult life is filled with a misconception about freedom of choice. The most primitive and predominant concept that suppresses this idea of free choice involve sex and gender; specifically, the correlation between internal and external sex anatomy with gender identity. Meaning, those with male organs possess masculine identities, which involve personality traits, behavior, etcetera, and the opposite for females. Manipulating individuals to adopt and conform to gender identities, and those respective roles, has a damaging, life-long, effect on their development and reflection of self through prolonged suppression. This essay will attempt to exploit the problems associated with forced gender conformity through an exploration of personal experiences.
How much we valuse the right of free speech is out to its severest test when the speaker is someone we disagree with most. Speech that deeply offends our morality or is hostile to our way of life promises the same constitutional protection as other speech because the right of free speech is indivisible: When one of us is denied this right, all of us are denied. Where racist, sexist and homphobic speech is concerned, I believe that more speech - not less - is the best revenge. This is particualrly true at universities, whose mission is to facilitate learning through open debate and study, and to enlighten. Speech codes are not the way to go on campuses, where all views are entitled to be heard, explored, supported or refuted. Besides, when hate is out in the open, people can see the problem. They can organize effectively to encounter bad attitudes, possibly to change them, and imitate togetherness against the forces of intolerance.
According to the research by American Psychological Association, a transsexual is a person who changes his or her
The First Amendment is known as the most protected civil liberty that protects our right to freedom of speech. There has been much controversy regarding hate speech and laws that prohibit it. These problems have risen from generation to generation and have been protested whether freedom of speech is guaranteed. According to our text book, By the People, hate speech is defined as “hostile statements based on someone’s personal characteristics, such as race, ethnicity, religion, or sexual orientation.” Hate speech is a topic of issue for many people and their right’s, so the question is often proposed whether hate speech should be banned by government.
The U.S. Supreme Court has defined “fighting words” as words "which by their very utterance inflict injury or tend to incite an immediate breach of the peace” and are words that are "likely to cause an average addressee to fight." Chaplinsky v. New Hampshire, 315 U.S. 568, 572
A handkerchief's role in medieval literate was as a romantic love token either given to a suitor or dropped to provoke a chivalrous response. Desdemona's handkerchief is very important to Othello. It is a romantic object he gave to Desdemona and asked her to cherish, therefore to him it is a...
For many individuals, sexual and gender identity is a highly controversial topic to discuss. Those who have inconsistency with their internal or mental sense of gender compared to their physical gender is now described as a psychological disorder and is found amongst adults and adolescents. According to the Diagnostic and Statistical Manual of Mental Disorders gender dysphoria also known as gender identity disorder refers to the stresses that accompany with the variances between one’s physical gender they were assigned at birth and one’s expressed or emotional gender (5th ed.; DSM-5; American Psychiatric Association, 2013). Gender dysphoria can be contributed to many different stressors determined by ones social interactions. Throughout the years the diagnosis of gender dysphoria has evolved due to the progression of medicine and new treatment discoveries to help limit further mental issues that come with sexual identity disorders.
The role of the handkerchief is significant in “Othello” as it symbolized the sentimental value that it held, as well as the themes of jealousy, love, and faithfulness.
For most people, the terms “gender” and “sex” are synonymous. These terms, however, are not interchangeable; and using them as such is harmful to those whose sex and gender are different. When considering sex and gender, it is also thought that there are only two possible outcomes – in reality sex and gender occur on a spectrum, not in a binary system. Many times when an individual’s sex and gender do not agree, a mental illness occurs (most commonly gender dysphoria). To progress as a society, it is imperative to understand these differences, and the harm trivializing those causes.
Hate speech is defined as, speech directed as a historically oppressed religion or racial minority with the intent and demean. Hate speech is can be protected by the first Amendment, “congress shall make no…abridging the freedom of speech, or press, or the right for people to peaceably assemble. Most forms of hate speech are protected with the exception of, obscenity, child pornography, Content-Based (advocacy for use of force/violation to inciting lawlessness), Non-Content Based (Time, Place, Manner), Prior Restraint, Commercial, Defamation, Speech Harmful to Children.
Swaab, D. F. & Garcia-Falgueras, A. (2009). Sexual differentiation of the human brain in relation to gender identity and sexual orientation. Functional Neurology, 24(1), 17-28.
In this essay ‘poor’ shall be split into two separate definitions: vagrant and settled poor. Where vagrant poor are those who wander from parish to parish searching for work and settled poor are those who have a house. These two groups are quite distinct, as the settled poor vastly out numbers the vagrant poor and there lives were very different. As the settlement act and other acts, which shall be discussed, treated them differently, with the vagrant poor being shunned by society. This essay shall be finding out whether the lives of the poor changed for the best or simply stayed the same. The lives of the settled poor shall be examined in the first half of the essay and the vagrant poor in the later.