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Essay on the on the first amendment freedom of speech
Essay on the on the first amendment freedom of speech
Essay on the on the first amendment freedom of speech
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The rights to free speech and the press are among the most celebrated and protected rights that the First Amendment affords American citizens. (U.S. Const. amend. I). One of the inherent rights that one is able to enjoy under the First Amendment is the right to criticize public figures and measures. (U.S. Const. amend. I); (Milkovich, 2714)(dissenting); (Hustler, 880). This Court has routinely recognized the First Amendment’s “vital guarantee” of free and uninhibited discussion of public issues, while also maintaining that society has a ubiquitous and robust interest in not only preventing but also remedying attacks upon one’s reputation. (Milkovich, 2707). The law provides but one avenue in hope of vindication for a man whose reputation has been falsely dishonored, a defamation action. …show more content…
However, the free speech encouraged by the First Amendment will inevitably produce speech that is critical of those public figures who, by reason of their fame, shape events in areas of public concern. (Milkovich, 2703); (Hustler, 879). Their heightened position in society subjects them to “vehement, caustic, and sometimes unpleasant sharp attacks”. (Milkovich, 2703); (Hustler, 880). Courts have struggled to maintain the balance between the right to free speech and the right to redress attacks upon one’s reputation, and therefore limit what one can publish about a public figure by encouraging responsible journalism. (Hustler, 880); (West, 1014). The First Amendment embraces two concepts: the freedom to believe and the freedom to act. (Ballard, 886). American citizens are free to believe what they cannot prove; thus, one’s pure opinions are constitutionally protected from liability. (U.S. Const. amend. I); (Ballard, 886). Nevertheless, when a statement asserts facts, or opinions that imply facts, the publisher has a duty to verify these assertions before publishing them as true. (West,
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
David Bernstein is to be congratulated on so clearly, vividly, analytically and accurately showing seriousness of these new threats to free speech and civil liberties in the US. The Cato Institute also deserves credit for publishing the book since in Bernstein’s words ‘authors who take politically incorrect positions . . . face a particularly difficult time finding publishers among leading trade presses’ (p. ix). Cato at least is still the land of the free and the home of the brave.
“The Fourth Amendment wasn't written for people with nothing to hide any more than the First Amendment was written for people with nothing to say.” (Dave Krueger). The Fourth Amendment protects the people's values, including the right of privacy. The Fourth Amendment includes, “The right of the people to be secure in their persons, houses, paper, effects, against unreasonable searches and seizure, shall not be violated.” When the founding fathers created the Constitution they ensured the people fundamental laws that would be used to any issue portrayed in the Supreme Court. That gave the people a relief that no one is ever above the law that is created. The privacy of the people was a very big value enforced by warrants. In the case of the
Document 1 relates to Document 2 not necessarily through the content, as #1 discusses the punishment for anyone who opposes the U.S. Government through actions, and #2 discusses the fate of alien enemies in the U.S., but through their idea, and the motive for writing such laws. Both appear to be extreme precautions and safety measures, in an attempt to eliminate threats and prevent disasters, to the extent that even First Amendment rights are taken away. Both documents highlight how such events would take place, detailing certain things such as who is involved, what the crimes and the intents are, and the role of the court, as well as what rights those who are convicted have. The two documents also represent how the 3 branches of the US government are almost acting
Most people opposing restrictions on freedom of speech believe it will open doors that may threaten expression and lead to more extreme forms of censorship. What much of the opposition fails to realize is that our government has “drawn lines between protected and unprotected freedom of speech before without dire results” (Lawrence 64). When the abuse of one right threatens the preservation of another our government must pick their poison and decide which side calls for protection in each situation. This can be seen by ...
“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not infringed.” Many people will recognize this as the 2nd amendment to the United States Constitution. What the people may not know is that it is under attack. Those that oppose the right of the citizens to own firearms are trying to eradicate the 2nd amendment because it guarantees that right to the American people. Liberals believe guns are evil devices that go around and shoot people. They conclude that by restricting and eventually banning guns, gun violence will resolve into nothing. The left tries to use the 2nd amendment to argue their point, but they pick
Students’ rights in schools are limited or just taken away. Kids are forced to do whatever the officials at their school, either the principal or the teachers, tell the students to do. One of the main right that gets taken away or limited is students’ first amendment rights, which is the freedom of expression. Students can gets suspended by just doing things the staff at the school does not like, including saying things that they don 't like or supporting a religion that the school does not support. Also, if something is said about the school or the people attending the school is said on social media that student can also get in a lot of trouble. Students should be able to have more first amendment
Fallacies are a part of life whether they’re seen with the naked eye or completely invisible. They are in everything we see, hear, and read. There are numerous fallacies to last a lifetime nevertheless, one sticks out to me. That is the fallacy created by Donald Trump that suggested Hillary Clinton wanted to eliminate the Second Amendment. Donald Trump is famous for logical fallacies in his recent run for president. He has thrown out accusations that weren’t true, twisted his opponent’s words, and personally attacked people.
The 2nd amendment of The Bill of Rights of the U.S. Constitution states the following, “…the right of the people to keep and bear Arms, shall not be infringed.” This unalienable right has led to numerous massacres across the country since it was first incepted and has been a topic of controversy and interest since to this day. An amendment in the Bill of Rights is an unalienable right and therefore cannot be taken away for the very government of the United States was created in order to protect them. While the amendment can’t and won’t be eradicated all together, there are still steps to be taken where we can live in a world where we are better prepared in situations where we are encounter a gun-wielding threat.
The Constitution of the United States, grants each citizen with personal property rights under the 4th Amendment. Our courts systems have upheld these rights time and time again when persons or organizations have tried to usurp these rights away from different groups and individuals. The same systems that have given, and upheld our individual rights seek to balance that with the rights of society and the rights of the group. Traditionaly court cases have followed a common sense approach, and have succeeded in balancing the rights of individuals with that of the group. Our court systems use strict scrutiny and procedures that maximize fairness among all groups and individuals. That is after all our societies goal, is to allow maximum personal
As Americans, we have the first amendment to be able to express ourselves through speech, press, and religion. The Bill gives us these rights, so that America may be a melting pot of cultures. But, this freedom isn’t always respected by people the way it should be. Growing up, I always knew that I had this freedom, but then when I had a few encounters with some non-believers, I knew I couldn’t let it change me. It was time for an uprising of my faith. Junior year of high school was a time where everyone was finally starting to develop their state of mind. Everyone was following their own paths, and speaking their own voices, including me. So when one of my peers was taking it too far, my beliefs went to bloody war with theirs.
...our privacy in our homes, effects, paper, and activities, which is needed for an individual in their every day lives. It helps the law to put an end to criminal activities and to bring an end to the war on drugs and human smuggling, and many other serious crimes that happen every day in the United States. It also helps society to have peace of mind, knowing that they have the right to privacy in their own home, as long as the law is abided and the judicial system upholds the constitution, this right will always be aiding the fair and just side of the law side of the law. Society has the right to be protected from all criminal behavior, ever since the constitution was first created society has had this right, but the means used to restrict and control this criminal activity must be lawful and constitutional, and the fourth amendment helps us to guarantee this right!
The law of defamation theoretically should defend a good name of the people from unfair attack but practically that means that it has to hold back the freedom of speech to protect famous and powerful people from scrutiny. Here is another example where the inference between two essential rights: freedom of expression and protection of reputation. In Reynolds v Times Newspapers Ltd Lord Nicholls said:
The Freedom of the Press, as granted by the First Amendment, allows the Press great privileges, only a few of which have been discussed in this paper. Regardless of the open scope of the topic, it is irrefutable that the Press enjoys a vast amount of power and freedom in what it can and cannot do, and what it does or doesn’t have a right to. The mere fact that the cases discussed above are 5 in favor of the press and 3 not in favor, whereas 3 of the 5 cases are defamation cases, reflects on the actual state of how free the press really is in the American society, and how important the First Amendment and its purpose is to the American way of life.
Jenson, Carl. “Censorship Threatens Freedom of the Press.” Free Speech. San Diego: Greenhaven Press, 200. 16-22. Print.