...It provides its citizens the right to freely make choices to expand their potential as human beings. As a United States citizen, we are characterized as a member of having rights and responsibilities allowed, protected and supported by the U.S. Constitution and Declaration of Independence. “We are a nation bound not by race or religion, but by the shared values of freedom, liberty, and equality”. (College for America, n.d.a). Throughout history, the United States has entertained and greeted immigrants from many countries. Immigrants have helped to form and establish the United States as we see it today. U.S. Citizens has the right to express their opinions on how the...
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...Although the U.S. says we have the freedom of speech, there are limits being put on the things we say. The Constitution clearly states that U.S. citizens have free speech, but do we really? People nationwide are being threatened and losing their jobs every day for the things they say or write. Television shows and cartoon drawings are being censored because of others not agreeing with their opinions. Limits should not be put on our right of free speech because, if we didn’t have freedom of speech, this would not be a free country. Freedom of speech comes from Freedom of Expression, which states that U.S. citizens have the right of free speech and more. The First Amendment of the United States Constitution states that all citizens have the right of free speech. The legal definition of Freedom of Speech is “The right guaranteed by the First Amendment to the U.S., to express beliefs and ideas without unwarranted government attention”. Freedom of speech includes the right to not salute the flag, to wear black armbands to school in protest of war, to use certain offensive words to convey political messages, to contribute money to political campaigns, to advertise commercial products, and to engage in symbolic speech. If we have the right of free speech, we should be able to speak our mind without...
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...When we think of freedom of speech most only think about that freedom in the instance of people being able to speak, protest or lobby the government. The United States lives by the thought that even a single voice can make a difference if they speak up for what they believe in or if they see something being done that is wrong. In today’s day and age, you see people using their freedom of speech to voice their concern for anything and everything. These same people are very adamant in getting their voice to the right people to gain momentum in righting whatever they deem to be wrong. Furthermore, if you look back to 1791 when Freedom of Speech was added to the U.S. Constitution as part of the Bill of Rights, there is no way that the people back...
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..."I live in America. I have the right to write whatever I want. And it's equaled by another right just as powerful: the right not to read it. Freedom of speech includes the freedom to offend people." Among other, cherished values, the First Amendment protects freedom of speech. The U.S. Supreme Court often has struggled to determine what exactly constitutes protected speech. Examples are of students to wear black armbands to school to protest a war or To use certain offensive words and phrases to convey political messages. However, The scathing Department of Justice report that says the Ferguson Police Department (FPD) routinely violated the rights of African-Americans also includes evidence that freedom of speech was regularly denied to anyone...
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...The desperate voices of many American citizens were now being heard. The First Amendment was being written to grant citizens the freedom of speech, the freedom of religion, the freeodm of press, and the right to assembly peacefully. Because of American inception, citizens wanted a guarantee of the basic freedoms. When the United States Constitution was signed on September 17, 1787, it didn’t contain the necissary freedoms now found in the Bill of Rights. So, On December 15, 1791 the voices of many American citizens were being heard. The First Amendment along with 9 others were being ratified (First Amendment Center). As far as American Amendments are salient, the first Amendment is the most important because of the freedom of speech, the freedom...
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...Freedom of Religion, Speech and the Press The first amendment is part of the United States Constitution in a short portion called the United States Bill of Rights. The Bill of Rights is one of the high laws of our land. “It guarantees that the United States government can never deprive people in the United States of certain fundamental rights,” according to aclu.org. The first amendment states that “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,” according to nccs.net. This means that us as Americans have the right to...
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...Franklin D. Roosevelt served as the United States President for four consecutive terms and was recognized by Americans for his strong leadership through World War II. Roosevelt’s “Four Freedoms” speech was given to rally Americans in their desperate time of need because American freedom was at stake for the first time in history because the Axis would be able to reach the United States if the British Navy failed. Roosevelt discussed the importance of a strong democracy, and with that came freedom. The primary purpose of Roosevelt’s speech was to show that all people, of any nation, should have the following freedoms: the freedom of speech and expression, the freedom to worship, freedom from want, and freedom from fear. Roosevelt’s call to action...
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...this national scandal. First you are either all for Manning because you believe he is a hero and being punished to strictly or you think he is a terrible person and deserves everything he has gotten plus more. Manning is accused of sending more than 700,000 diplomatic and military secrets to the whistle-blowing website WikiLeaks. So far this has been the largest lead in the United States of classified material. Many legal experts think this case could affect freedom of speech especially the internet and journalism. Freedom of speech is stated in the first amendment of the constitution of the United States. The first amendment remains very broad and sometimes some very debatable decisions have been made based on the freedom of speech. Included in the freedom of speech is the use of internet. It is given the same freedoms books, magazines, films, and journalism. The Bradley Manning case could possibly have a dramatic effect on freedom of speech as we know it. Bradley Manning was a very young and naïve soldier who access to very powerful information. He never meant any harm to the United States national security or his fellow soldiers. However, after seeing such horrible crimes that were being held from public knowledge he felt it was his duty to inform the public about what was occurring. Manning thought it was his not only his moral duty but moral obligation to let the public in on this valuable information. It should be proven...
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...I believe that the First Amendment was written as a means of protecting the church from the state. The First Amendment is considered the most important amendment in the United States Constitution. It protects the rights to freedom of religion, freedom of expression, freedom of speech, freedom of assembly, and freedom of press from government interference. [1] According to J. Hutson in his book the “Church and State in America”, he states the amendment “prevented the federal government from establishing a national religion and allowed people to freely exercise their religious beliefs and practices.”[2] Basically, the First Amendment gives the people the ability to live their lives the way that they want to, the lifestyle that they choose. This amendment was passed 1789. James Madison, known as the “Father of the Constitution” for his contribution to the Constitution, and proposed twelve amendments, which ended up becoming the first ten amendments of the Constitution. These first ten amendments make up what became known as the Bill of Rights. [3] The purpose of the First Amendment of the Bill of Rights, written mostly by James Madison, with the assistance of Thomas Jefferson, was to address three fundamental freedoms all citizens have: religion, speech and peaceful assembly. According to the Buchanan (2010), when the U.S. Constitution was signed, it did not contain the essential freedoms now outlined in the Bill of Rights, because many of the Framers viewed their inclusion as unnecessary...
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...Protected The United States is known for being ‘land of the free’, a nation with a Declaration of Independence, as well, as a Constitution protecting the rights of it’s citizens. Wars have been fought and many people have died so we could have the rights that present today. The freedom of speech, freedom of religion, freedom of assembly, and most importantly the right to petition our government; all of which fall under the First Amendment in the Bill of Rights. Our nation’s flag is an everlasting symbol of freedom and hope that stands as a testament to our nation’s power. Most importantly our flag represents the freedom of the individual to express his ideals as they see fit. Therefore when the very essence of Americans freedom is challenged by the “flag amendment,” that would forbid the desecration of the American flag, a dilemma forms. While flag burning is highly offensive, it is none the less a means of expression and is protected by the constitution of America. Forbidding an individual from expressing themselves is the opposite of what our flag represents. By protecting the American flag under a constitutional amendment not only conflicts with the First Amendment, but opens a door for the government to take away even more of our rights. The First Amendment to the United States Constitution, states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the...
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...Freedom of Speech, Hate Speech, & Talk Radio Brice Hinchman Freedom of Speech, Hate Speech, & Talk Radio What is Freedom of speech? Well, the definition for freedom of speech is the ability to speak freely without being subject to censorship or without fear of retaliation from a governing body. There are at least two documents, the US Constitution and the Universal Declaration of Human Rights, that acknowledge that free speech is an unalienable right and protect it for all. There is another form of speech that may or may not be protected, depending on the circumstances, under the same documents and that is hate speech. Some of the limitations that are put in place by Government, employers, and educational facilities are a violation of what freedom of speech is really about, being able to freely speak your mind, but are necessary to protect the rights and liberties of other individuals. The freedom of speech is a very powerful right that is protected by the First Amendment to the United States Constitution. Our Founding Fathers set the stage when they wrote the Declaration of Independence by stating that “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness” (Choices, 81). One of these liberties and unalienable rights was the Freedom of speech. The First Amendment to the United States Constitution, which was ratified...
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...Jerry Coleman | Constitutional Law | Prof. James Kent | December 13, 2013 Jerry Coleman | Constitutional Law | Prof. James Kent | December 13, 2013 SHORT TITLE: FREEDOM OF SPEECH Freedom of Speech FIRST AMENDMENT PROTECTIONS Unit 2 Assignment Jerry Coleman LS305 Constitutional Law Prof. Judge J. Kent Kaplan University January 10, 2014 FREEDOM OF SPEECH FIRST AMENDMENT PROTECTIONS BY JERRY COLEMAN JANUARY 10, 2014 INDEX 1. COVER PAGE 2. TITLE PAGE 3. INDEX 4. PURPOSE 5. THEORY 6. FREEDOM OF SPEECH: UNALIENABLE RIGHT? 7. HISTORICAL PERSPECTIVE 8. CASE LAW 9. CURRENT LEGISLATION AND ITS EFFECT ON THE FIRST AMENDMENT 10. CONCLUSION’ 11. REFERENCES PURPOSE The purpose of this paper is to examine, limitedly, the incursion, by Congressional Acts, Judicial Interpretation via case law, and Executive Order of the First Amendment Protections of Free Speech of The Constitution of The United States. THEORY The Bill of Rights are the Foundation of the UNALIENABLE RIGHTS OF THE PEOPLE, in theory and original intent of the Framers, which neither the Federal Government nor the States may repose from the People. Neither shall the Judiciary. However, given to logical consideration, as applied by the Marshall Court, the Courts have Judicial Review Authority, rendering them, if not the best locale, definitely the most appropriate, for interpretation of the Rights thusly enumerated in The...
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...Freedom of expression has always been a heated and heavily debated topic throughout our society, more so in recent times due to the increasing amount of freedoms that we gain. However, it is only natural that free speech be something of extreme amounts of conflict since this right is expressed in the very first amendment of the Constitution. But, how loosely should such an important document within our history be interpreted? This has been a question for years, and it is obvious that this particular amendment presents itself through our day-to-day activities. The real issue with freedom of speech is that, even though it is presented to us, there are obviously people who would abuse it to invoke emotional distress, or even to invoke acts of violence. I believe that only in particular situations in which there is an obvious threat of clear and present danger should freedom of speech be repressed, and neither Hustler nor its creator, Larry Flynt, does anything to imply danger. One such philosopher who accurately and justifiably takes the position against society and the government, such as the United States government muzzling Larry Flynt and banning parts of Hustler, is John Stuart Mill in On Liberty. Near the beginning of the work, Mill states, “…by obtaining a recognition of certain immunities, called political liberties or rights, which it was to be regarded as a breach of duty in the ruler to infringe, and which if he did infringe, specific resistance, or general rebellion...
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...A very important case in the history of the United States is the case of Tinker vs. Des Moines. The case decides the issues of symbolic speech and its limits. It displays the right of individuals, including children wherever they are, even school. In this case we see the limits of the first amendment and how far this right extends. What happened in this case? One day in 1969 brother and sister John and Mary Beth Tinker wore black armbands to school in protest over the United States’ involvement in the Vietnam War. The school issued a new policy stating that those who wore armbands would be asked to remove it right away. If that student failed to remove his armband, he would be suspended until agreeing to return to school without the armband. The Tinker children and their friend wore the armbands to school and were suspended because they did not remove their armbands. On January 1, 1966, their scheduled day for the end of their protest, the children returned to school. Their fathers filed suit to United States District Court. The U.S. District Court recognized their right to free speech but did not issue an injunction because the school’s actions were reasonable because of possible disruptions from the students’ protests. The fathers appealed to the Court of Appeals which ended with a...
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...There’s nothing like living in the United States, where diversity grows from coast to coast and the freedom of speech is instilled in all American citizens. America’s inception created the need for people to be safe and secure while pursuing the right to speak out against its government and instill change. The thousands of immigrants who poured into the U.S. left homelands full of tyrants and voiceless societies. Many historical events in America’s history would have never happened without free speech. The voices of many were often quieted and banned from returning because speaking against your government was seen as disgraceful. How can this be possible? The look to America, as it provides freedom and free speech for all. Free speech has been...
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