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Freedom of speech is a fundamental American freedom and a human right, and I think that there’s no place that this right should be more valued and protected than America’s colleges and universities. According to Forbes, “There is no public space in America more open to diverse opinions than our college campuses.” Last Tuesday, Attorney General Jeff Sessions spoke about free speech at the Georgetown University Law Center in Washington. Jeff Sessions declared that the Department of Justice will be filing statements in cases where they don't think colleges are doing enough to protect free speech. Jeff Sessions speech drew protests from many Georgetown law students and faculty members who oppose the attorney general’s broader agenda as well as
Not all agreed with the President’s choice of nominee. In fact, some referred to his choice as a judicial activist. (Baker, 2009) Yet, because Judge Sotomayor was replacing liberal Justice Souter, it was no surprise. As the hearings began, the conservative concerns were apparent among the hearing. Three issues that are listed above are believed to be the most relevant during the questioning. Impartiality was raised during a number of issues. Because of Judge Sotomayor’s bold opinions and previous speeches made, her ability as a judge to look at issues regarding the law impartially questioned many. For example, her belief regarding the deference to Congress’ intent was raised. The issue regarding her impartiality was seen in Senator Cardin’s (D-MD) questioning. Sotomayor responded by explaining how a judge’s job is to apply the law to the unique facts of the individual case. In addition, she repeatedly discussed the importa...
Simmons had become a landmark case, it quickly brought it into the sight of the public, as well as the legislative branch. With growing public dissent against using foreign law in national cases, Congress even entertained the idea of reprimanding, or revoking, the Supreme Court’s ability to employ international references when it came to such instances (“Debate Over Foreign Law in Roper v. Simmons”). The Supreme Court is allowed to decide the rulings for this country, but the thought is that they should only make decisions within the legal scope of the United States even if they happen to parallel foreign or international law. It is noted that those with this view tend to lean on the more conservative, Republican side. The Republican National Committee, in a piece titled “We the People: A Restoration of Constitutional Government”) states: “subjecting American citizens to foreign laws is inimical to the spirit of the Constitution. … There must be no use of foreign law by U.S. courts in interpreting our Constitution and laws. Nor should foreign sources of law be used in State courts’ adjudication of criminal or civil matters” Representative Tom Feeney, a Florida Republican, even brought up the idea of impeachment for Justice Members of the Court that didn’t act correctly in the ways of the Constitution (“We the People: A Restoration of Constitutional Government”). There continues to be a growing debate to this day over the use of international law in the Supreme Court, and even though the case of Roper v. Simmons and Justice Kennedy, are nearly a decade old, they are both frequently
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.
The United States of America is often known for having more freedom than anywhere else. As Gandhi said, “A ‘no’ uttered from the deepest conviction is better and greater than a ‘yes’ uttered to please, or what is worse, to avoid trouble.” Freedom of speech is a big part of the American culture and citizens are encouraged to speak their minds and opinions openly. It is such an important aspect of each American individual that it is
Brennan wrote in his brief for the majority that the statute was unconstitutionally vague and overbroad and that, "the separation of legitimate from illegitimate speech calls for more sensitive tools than (Georgia) has supplied” (Oyez).
Imagine a time when one could be fined, imprisoned and even killed for simply speaking one’s mind. Speech is the basic vehicle for communication of beliefs, thoughts and ideas. Without the right to speak one’s mind freely one would be forced to agree with everything society stated. With freedom of speech one’s own ideas can be expressed freely and the follower’s belief will be stronger. The words sound so simple, but without them the world would be a very different place.
Hall, K. (2002, September 13). Free speech on public college campuses overview. Retrieved from http://www.firstamendmentcenter.org/free-speech-on-public-college-campuses
Since this country was founded, we have had a set of unalienable rights that our constitution guarantees us to as Americans. One of the most important rights that is mentioned in our constitution is the right to free speech. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the
Political correctness may be a coined term that the general population does not necessarily know the definition of, but is relevant in every single person’s life. In today’s society one must be very careful when verbalizing opinions in order to prevent offending others around, or from disturbing the Politically Correct Puritans: those who strongly support censorship of politically incorrect labels (Suedfeld et al 1994). There are many different theories as to what makes political correctness important and why college campuses seem to be so heavily surrounded by political correcting activists, but oddly enough there has not been an extensive amount of research done on the topic.
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to
In the United States, free speech is protected by the First Amendment in which it states, “Congress shall make no laws respecting an establishment of religion … or abridging the freedom of speech.” Now, nearly 250 years into the future, the exact thing that the Founding Fathers were afraid of is starting to happen. Today, our freedom of speech is being threatened through different forces, such as the tyranny of the majority, the protection of the minority, and the stability of the society. Now, colleges and universities in the United States today are also trying to institute a code upon its students that would bar them from exercising their right to speak freely in the name of protecting minorities from getting bullied. This brings us into
College campuses have always been the sites where students can express their opinions without fear. There have been many debates about the merits of allowing free speech on campus. Some students and faculties support allowing free speech on campus, while others believe that colleges should restrict free speech to make the college’s environment safer for every student. Free speeches are endangered on college campuses because of trigger warning, increasing policing of free speech, and the hypersensitivity of college students.
Kay, H. H. (2004, Jan). Ruth Bader Ginsburg, Professor of Law. Columbia Law Review, 104, 1-20. doi:10.2307/4099343
During the first century of rulings within the Supreme Court, it was apparent that oral arguments had evoked a potent effect on the courts overall decision making process. Within today’s modern day society oral arguments continue to maintain their effect over the decisions of the court. There are several legal scholars who argue for the opposite effect. This effect establishes that oral arguments no longer have the same impact on the court because individual Justices have strong attitudes about personal policy preferences. However, oral arguments help Justices gather information not presented in the briefs and further aids them in utilizing those proceedings to raise questions about personal policy preferences. In addition, oral arguments serve
Freedom of speech is the right given to every individual. Everyone has been given the right to speak their mind and share their opinions. This right is always important but in higher learning, it is essential. Without freedom of speech the whole idea of higher education would just be a contradiction. When an institute of higher education tries to resist this right the whole purpose of the institute becomes contradicted. One needs their right to freely speak their mind for higher education to be a successful venture. The right to free speech is essential in higher education because it gives the individual the chance to fearlessly be who they are, the mind substance to develop and, the opportunity to bring better ideas about.