Federalism And Freedom Of Speech

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When it comes to Freedom of Speech, we have the ability to express ideas, thoughts, and ourselves for personal and political purposes, which is great for our civil rights and liberties. The First Amendment to the United States Constitution states in relevant part, “Congress shall make no law abridging the freedom of speech.” (Ivers, 2013) In the interim, we also have to remember, there are pros and cons to every amendment that we all have to keep in mind. We also need to keep in mind that we are accountable for our words even with “Freedom” of speech. Federalism plays a big part when it comes to Freedom of Speech. A great case to use for an example of federalism dealing with Freedom of speech is Texas v. Johnson, 1989. Texas v. Johnson was a case in which the American Flag was burned in a protest. A man by the name of Gregory Lee Johnson, burned the American Flag in a protest against President Reagan because of the policies that Reagan had implemented. Johnson was charged with violating a Texas law. The law We must understand the repercussions to our words and actions. I believe Adam Winkler said it best. He said “The reason for this “free speech federalism” and the implication of this phenomenon for constitutional adjudication are explored.” (Winkler, 2009) I found a law case that helps put this into perspective. The case: Morse v. Frederick from 2002. Joseph Frederick was attending Juneau-Douglas High School at the time of the suit. Students were permitted to leave class to watch the Olympic Torch pass by. (All this took place in Alaska) Frederick and some of his friends left school and went across the street and strung out a banner that read “Bong Hits 4 Jesus”. The principal at the time, Deborah Morse went across the street and asked the students to give her the sign, they refused and she took the sign away from the students

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