...The Bill of Rights presents a series of Amendments that grants people a basic set of rights. The arguably most important right that everyone is granted is the First Amendment. This amendment defines the basis of a democracy and the ability of the people to communicate freely with others without fear of government influence. Throughout the movie, it attempted to describe the conflict between the Media and “McCarthyism” and the attack on the First Amendment. I, for one, agree with Murrow and the Media on the preservation and defense of the First Amendment, even in an era of dictatorships or spies, the right to speech and press should always be respected with some exceptions. This paper will further explain the reasoning and restrictions on this topic. In a Libertarian Society, the people should be given the right to express their views, opinions, and ideas...
Words: 1041 - Pages: 5
...Where is the Line Drawn? Freedom of speech: The right, guaranteed by the First Amendment to the U.S. Constitution, to express beliefs and ideas without unwarranted government restriction. The issues of language and whether or not there should be regulation of students’ First Amendment rights can be a summarized in one word for me. Bizarre. College campuses should not be able to put restrictions on students’ right to free expression. Contrary to popular belief that “sticks and stones may break my bones, but words will never hurt me,” I understand that words do hurt; however, it is impossible to regulate language “because we don’t really know how to classify any kind of speech, which we would have to do before we could safely legislate against it”(314). You cannot prescribe a single remedy for the millions of different people on campus. How one person reacts to a word is completely different than how another person would. This is why our First Amendment rights cannot be restricted because there are too many variables attached to it. A UCLA student, Alexandra Wallace, posted a video on YouTube in which she complains about Asian students’ behavior. Wallace's three-minute video had triggered a national discussion about racial stereotyping and what authority, if any, colleges have over students' speech and opinions. When you are given the opportunity to express free speech, you have to act responsibly. Just like if you are given a license, you have to drive responsibly...
Words: 1029 - Pages: 5
...THOMPSON v. WESTERN STATES MEDICAL CENTER No.01-344.Argued February26, 2002—Decided April 29, 2002 NATURE OF CASE: Review of the restrictions on commercial free speech in relation to the advertisement of specified compounded drugs. PROCEDURAL HISTORY: Section 503A of the Food, Drug and Cosmetic Act, 21 U.S.C. § 353a exempts compounded drugs from certain provisions of the Food and Drug Administration’s standard approval requirements; provided that the distributors abide by certain restrictions, including advertising and promoting selected compounded drugs. The Act, however, did not prohibit the advertising of its effectiveness. The Central Hudson Gas et. Elec. Corp v. Public Serv. Comm’n of NY, 447 U.S. 557, 566 held that the restrictions directly advance its interests, or that less restrictive alternatives were unavailable. ISSUE : Whether a federal law that bans the advertising or promoting of particular drug compounds but permits advertising their effectiveness undermines freedom of speech as outlined in the First Amendment. FACTS: Pharmacists sometimes alter the physical form of a drug, or combine various drugs with a technique known as compounding. The process is used to meet the specific needs of a particular patient. The FDA and Modernization Act of 1997 prohibited such pharmacies from promoting and advertising these compounded drugs. The Act, however, did not prohibit them from advertising the effectiveness of the drugs. Western...
Words: 432 - Pages: 2
...Today, many Americans think that the First Amendment says "Separation of Church and State." The Courts and the media will often refer to a ruling as being in violation of the "Separation of Church and State." A recent national poll showed that 69% of Americans believe that the First Amendment says "Separation of Church and State." You may be surprised to learn that these words do not appear in the First Amendment or anywhere else in the Constitution!1 Here is what the First Amendment actually does say. The First Amendment : 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. As you can see the First Amendment does not contain the words "Separation of Church and State". The First Amendment gives citizens the Freedom to Worship God without Government interference. Assures that the Government will not establish a State Religion. That people are free to speak their minds without the government arresting them. Granting citizens to publish news that may be critical of the government without fear of arrest or fines, and finely the right of citizens to peacefully gather together or march in rallies or...
Words: 619 - Pages: 3
...IS CAMPAIGN FINIANCE RESTRICTION FAIL OF RIGHTS? INTRODUCTION Campaign finance reform has not managed either to promote political equality or prevent corruption. Even worse, in order to enhance the relative voice of others, the government decides to set donation limitation—restrict the speech of some elements. It is nothing else but to sacrifice people’s right to pursue an alleged political equality and preventing corruption, thus, it raises an ethical problem that restriction on campaign finance is fail of right. When looking into literatures of campaign finance reform, the debate of rights often based on the free speech protected by the First Amendment. People neglected that the free express of political petition is also a basic right acknowledged by the Universal Declaration of Human rights. Thus, I will examine this argument in the article from a broad to narrow scope. This article will analyze the campaign finance regulation’s failure from a right perspective. The article will demonstrate that some moral theorists divide rights into positive and negative categories which create distinctive correlative duties. This article will argue that the present restriction is actually infringe people’s rights and goes against with Universal Declaration of Human rights and the First Amendment. Moreover, the compel disclosure of donor’s information violates people’ s right to privacy, thus, such an act by government may be over regulated. Part 1 of this article will introduce...
Words: 4363 - Pages: 18
...All the Amendments are very important and they all have something different to say. The Amendment that is most important to me is the Second Amendment. The Second Amendment is the Right to bear arms. When you see the right to bear arms, many things come to mind. I picked this Amendment because I am a huge fan of hunting, I’m all about protecting my family in our home, and the most important one of all is our military. During hunting season, it is a time for me to spend time with my family. I have been out hunting since I was about eight years old. I found it to be a great sport and a great way to get food for your family. The second reason this Amendment is important is Americans should have the right to carry and hold guns in their homes....
Words: 1261 - Pages: 6
...The Second Amendment For many years there has been an ongoing debate over the Second Amendment and how it should be interpreted. The issue that is being debated is whether our government has the right to regulate guns. The answer of who has which rights lies within how one interprets the Second Amendment. With this being the case, one must also think about what circumstances the Framers were under when this Amendment was written. There are two major sides to this debate, one being the collective side, which feels that the right was given for collective purposes only. This side is in favor of having stricter gun control laws, as they feel that by having stricter laws the number of crimes that are being committed with guns will be reduced and thus save lives. However while gun control laws may decrease criminals" access to guns, the same laws restricts gun owning citizens who abide by the law; these citizens make up a great majority of the opposing side of this argument. These people argue that the law was made with the individual citizens in mind. This group believes that the Amendment should be interpreted to guarantee citizens free access to firearms. One major group that is in strong opposition of stricter gun control laws is the National Rifle Association (NRA). The NRA argues that having stricter gun control laws will only hinder law-abiding citizens. The final outcome on this debate will mainly depend on how this Amendment is going to be interpreted. The Second Amendment...
Words: 2267 - Pages: 10
...Constitution of the United States was written in 1787 and put into effect in 1789. The first amendment was put into place in 1791 as a part of the Bill of Rights. The first amendment of the Bill of rights ensures individuals freedoms of religion, speech, the press, and right to assemble. Freedom of speech will allow individuals to express their ideas freely. In the early 16th century individuals were taken to prison for speaking their minds and sometimes this penalty was punishable by death. This paper will define free speech and compare and contrast two different types of legally protected speech. Two examples of Legally Protected Speech are Commercial Speech and Artistic Speech. Free Speech Free speech is the reference to one’s given right to express opinions, ideas, beliefs, and information. However, free speech does not come without restrictions. Although the founders of the Constitution had good purpose, the idea of free speech was not carefully considered. Because the adoption of the Bill of Rights, the judges has fought back to define speech and the extent to which freedom of speech should be protected (The Free Dictionary, 2011). As a result of struggling to define free speech, regulations, and protections have been implemented into the First Amendment. Commercial Speech At one time, purely commercial advertisements had been considered to be outside the First Amendment’s protection (Law Publish.Com, 2011). Commercial speech is primarily in the...
Words: 583 - Pages: 3
...Since early in our nation’s history, First Amendment rights have been used as a shield to safeguard individuals from being stripped of certain liberties that are guaranteed to the people. However, there have been cases in the past where professionals abuse the freedoms that are given to them, and limitations are then set in place. The Florida Bar v. Went For It, Inc exemplifies a case where the Supreme Court decided that individuals deserve to have the right to privacy. 1 The Supreme Court took notice of the First Amendment implications to limitations of personal injury lawyers from sending targeted direct-mail solicitations to victims and their relatives for 30 days following an accident or disaster. 2 The Court established used a the Central Hudson test, which was a four –part test, which engages in “intermediate” scrutiny of restrictions in commercial speech, analyzing them under the framework set forth in Central Hudson Gas and Electric Corp v. Public Service Commission of N.Y. The test, predicated on a making sure that three prongs are being proven: first the government must assert a substantial interest in support of its...
Words: 1203 - Pages: 5
...First Amendment protections of speakers’ rights to speech and assembly vary based on the speakers’ chosen forum. The Supreme Court breaks down forums into three types: traditional public forums, designated forums, and nonpublic forums. See Perry Educ. Ass’n v. Perry Educators’ Ass’n, 460 U.S. 37 (1983). Finally, some public property is not a forum at all. Traditional public forums include public parks, sidewalks and areas that have been traditionally open to political speech and debate. Speakers’ in these areas enjoy the strongest First Amendment protections. In traditional public forums, the government may not discriminate against speakers based on their views. This is called “viewpoint discrimination.” The government may, however, subject speech to reasonable, content-neutral restrictions on its time, place, and manner. When considering government restrictions of speech in traditional public forums, courts use “strict scrutiny.” Under strict scrutiny, restrictions are allowed only if they serve a compelling state interest and are narrowly tailored to meet the needs of that interest. Sometimes, the government opens public property for public expression even though the public property is not a traditional public forum. These are designated public forums. After opening a designated public forum, the government is not obligated to keep it open. However, so long as the government does keep the forum open, speech in the forum receives the same First Amendment protections as...
Words: 420 - Pages: 2
...The Restrictions on Gun Ownership Twaina Claar PHI103: Informal Logic (GSJ1228B) Instructor: Jennifer Schneider August 13, 2012 Are there any legitimate restrictions on gun ownership? The answer to this question may vary by the people you ask some people may say yes but others will say either the restrictions need to be increased or they need dropped. I will explain to you exactly what the second amendment says. I will also explain the negative side of gun control and the restrictions that come along with ownership. I want you to realize just how true this statement is, “Guns don’t kill people, People kill people.” I have been raised around guns and I have been taught about gun safety. I want for you to see that as United States Citizens, we have the right to protect ourselves and our homes from criminals. If the government continues to take away our right to keep and bear arms, we will be defenseless against those that wish to harm us. What would happen if the military lost their fire arms? They would not be able to defend our country and how much sense does that make? Do you think that our president lives in a home that is not protected? I don’t consider a security system true protection and I am sure that he doesn’t either. I do find that the rules to the Carry...
Words: 1611 - Pages: 7
...Hudson Case, Judge Powell summarized that this case presents the question whether a regulation of the Public Service Commission of the State of New York violates the First and Fourteenth Amendments because it completely bans promotional advertising by an electrical utility, 447 U.S. 557, which is closely related to the tobacco cases. Several opinions presented by Judge Powell can apply in these cases. First, in applying the First Amendment to this area, Judge Powell rejected the “highly paternalistic” view that government has complete power to suppress or regulate commercial speech. Second, the Judge also believed that if the communication is neither misleading nor related to unlawful activity, the government’s power is more restricted. The government agency must assert a substantial interest to be achieved by restrictions on commercial speech. Moreover, the regulatory technique must be in proportion to that interest. Furthermore, the Central Hudson case set the standards as for whether a governmental restriction on speech is constitutionally admissible. It also provided several tests as for whether the restriction is constitutionally admissible. The Central Hudson case, as a key precedent, also developed a four-part analysis for similar cases. a) Determine whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading. b) Examine whether the asserted governmental...
Words: 2777 - Pages: 12
...2. Social Media, is it protected under 1st Amendment? Bland v. Roberts Social media could be defined as a way in which people use applications through Web 2.0 in a way that allows the creation and exchange of user-generated content (Kaplan & Haenlein). Whether it is Facebook, Twitter, or Instagram, social media is starting to take over the Internet in a way that has not been seen. User generated content allows people to interact with each other in a way that was previously unavailable. Because of the possibilities surrounding social media, it is important to consider social media in its context with freedom of speech, and also the workplace. Bland v. Roberts was a case in which a group of employees sued for wrongful termination due to the fact that a group of employees supported a different candidate for Sheriff. Roberts was the Sheriff, and noticed that a group of employees had “liked” the Facebook page of his opponent. In their complaint, the group led by Bland said that because they supported Roberts’ opponent, Jim Adams, that Roberts violated their First Amendment rights because he fired them after he found out that the group supported Roberts. The group stated that their terminations were “unlawful, retaliatory, and improper in that the Defendant B.J. Roberts effected these terminations because the Plaintiffs exercised their rights to freedom of speech in refusing to support Roberts’ re-election efforts and in actively supporting Roberts’ opponent” (Bland v. Roberts)...
Words: 1217 - Pages: 5
...Rights? Over two hundred years ago, with regard to ethics in the federal government, Thomas Jefferson wrote the following words “The right of any officer to give his vote at elections as a qualified citizen is not meant to be restrained, nor, however given, shall it have any effect to his prejudice; but it is expected that he will not attempt to influence the votes of others, nor take any part in the business of electioneering, that being deemed inconsistent with the spirit of the Constitution and his duties to it.”1 (CSC v. Letter Carriers, 1973, para. 25) Ethical behavior by public administrators was certainly on the radar of our founding fathers, long before the any official legislation was designed or passed. However, imposing restrictions on federal employees without trampling on their constitutional rights would prove to be an on-going challenge for the lawmakers. The Congressional...
Words: 2748 - Pages: 11
...There have been controversies concerning the second amendment of the United States constitution. The second amendment reads: "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 be infringed." Regardless of the second amendment, which gives a person the right to own a firearm, many laws are passed to restrict and control the use of guns. The government implements such laws to reduce the rate of manslaughters and murders. However, many people believe that recent restrictions on guns use or gun possession are not very effective in controlling the rate of murders because there are many cases of adult and children being victims of guns violence or gun accidents. People want laws that are more restrictive on gun carriers in order to secure their lives and the lives of...
Words: 1633 - Pages: 7