...are restrictions on freedom of speech justified in Australia? While there are laws that restrict Freedom of Speech in Australia in order to protect fundamental rights and to limit discrimination which emerged from multiculturalism, the same laws can also clash with the liberty of the citizens and with the right of Freedom of Speech itself. Introduction To establish the boundaries between the defense of Freedom of Expression and of minorities has become a challenge for modern states. The consolidation of different groups (ethnocultural , sexual diversity , immigrants, religious) within the base community has generated the need to redefine and strengthen the defense of the human rights. As Will Kymlicka explains, cultural mix requires an inclusive process, which involves the establishment of a group of rights that recognizes and protects the minorities. Conversely, the ongoing struggle of the minorities has a major difficulty: the delicate border between the defense of their rights and the violation of the rights of the community. Firstly, this essay aims to explain the current conception of Freedom of Speech, since it is a controversial issue, focusing on the importance of that right for the Australian society and for the world. Secondly, we will analyze whether Freedom of Speech needs limits and the role of harm speech and offense speech in that topic in Australia. Finally, the third paragraph will focus on the restrictions of Freedom of Speech in Australia and its...
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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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...The Right to Freedom of Speech One of the greatest things about living in the United States is that it is a democratic society, it is considered to be “The Land of the Free”. The First Amendment gives Americans the right to freedom of religion and expression. This constitutes American people to speak freely without fear of harm or persecution. However like most things, freedom of speech has both positive and negative consequences. Freedom of Speech (liberty) is to speak and otherwise express oneself and or one’s opinion. The positive factors with freedom of speech are that one has the right to speak about something freely; rather right or wrong. The First Amendment restricts the government involvement based on content when expressions, ideas or opinions are expressed. Speaking freely can be done in many different ways; via the internet, television (media), conventions, work, the store, clothing, etc. The media however tends to be where most actions of speech are openly shared regardless of the topic or story. The media has a way to bring a story out, some positive information can be presented; but in most cases it appears to be hear say. Media allows the world (nation) to see what we are blind to, without it we would not know about our President’s and Senate’s affairs, our favorite sport entertainers and music artist violent actions, about what goes on in different countries, the war, our enemies. A lot of people find freedom of speech as a good thing, it almost...
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...there are many types of censorship, and the types imposed are different from one country to another. Some countries may impose moral censorship; others impose military, political, or religious censorships. Many people would agree on some of the types of censorships enforced in the countries; however, people have the right of freedom of speech and the knowledge behind political issues, so these should not be censored by the country. Censorship is a problem that is known from before World War 1 and it is still a controversial issue with many people who are with the act and laws set regarding censorship and many who are against. Censorship is the restraint over any type of communication like speech regarding many different matters. For example, being against rules set or some political moves that a country performs, things that are considered to be harmful, sensitive, or inconvenient to the general body of people. These things that constraints are set upon are determined by the government, or media outlet. There are a lot of debates behind the topic “censorship.” One of them is, should governments put regulations on broadcasters, or does that affect people’s freedom, other debates are about...
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...Freedom of Speech: The Burning of the American Flag DeAnna Parker March 24, 2015 Mark Wallace Sanford Brown College Online Over the years, there has been a question burning (no pun intended) in people’s minds. Is burning the American flag, freedom of speech? It’s not hurting anyone; it doesn’t put anyone in danger, unless you’re close to something flammable. Some say it is a symbol of our long fought for freedom, and whatever else this country was built upon. Others just think that it’s a peace of cloth, it that burning the flag is just symbolic. When the government, or law enforcement acts against the rights of the people that they are acting against what the people have fought for. Then there is the thought that the flag just represents mass genocide of innocents, so why not burn it. As of today flag burning is not illegal in the United States, and the Supreme Court of the US protected it under the First Amendment back in 1969. Nevertheless, anyone who burned the flag can be found guilty in court under a misdemeanor, for having started a fire without a permit. The right to protest just got thrown under the bus, despite the fact that flag burning is protected under the First Amendment. The case at the US Supreme Court was in 1907, the Halter v. Nebraska case, later on in 1968, in light protests against the Vietnam War, Congress passed a the Flag Desecration Law. (Danilina, 2015) People want to send out a message by burning the flag. Though it is extreme burning the...
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...With unreliable views and values, our culture needs to have unrestricted freedom to speak in relation to whichever and all that alarms us in array to constantly develop our culture. Individual free speech inconsistency would be words that create a constructive, and not pessimistic, picture in mutually long-terms and short-terms. Dictionary.com classifies Freedom of Speech as, “the right of people to express their opinions publicly without governmental interference, subject to the laws against libel, incitement to violence or rebellion, etc.” Freedom of speech is also known as free speech or freedom of expression. Freedom of speech is also known as freedom of expression because a person’s beliefs and thoughts can also be expressed in other ways other than speech. These ways could be art, writings, songs, and other forms of expression. If speaking freely and expressing ourselves freely is supposed to be without any consequence, then why are there constant law suits and consequences for people who do. Freedom of speech and freedom of expression should be exactly what they mean. Although most people believe that they can speak about anything without there being consequences, this is very untrue. One of those spoken things that have consequences is speaking about the president in such a negative way that it sends red flags about your intentions. Because of the high terrorist alerts, people have to limit what they say about bombs, 9/11, and anything they may say out of anger about...
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...The freedom of speech which we enjoy is contained within the rights protected under the First Amendment, a part of the Bill of Rights. The Bill of Rights was added to the United States Constitution as the first ten amendments in order to gain acceptance and ultimately the adoption of the Constitution. Many have questioned the intent of our founding fathers with regard to speech and the freedoms associated with it. Throughout history, there have been many interpretations of the First Amendment, and just as many questions pertaining to which types of speech are protected. When this country was founded, many of the principles that were important to our founding fathers were important because of their experiences with the British rule. They wanted to ensure the new country and system of government they formulated would protect specific rights of its citizens. The purpose of the First Amendment was to guarantee freedom from governmental control. The founders of our government had enough foresight to see that no other right would be secure without the rights guaranteed within the First Amendment (Kanovitz, 2010), thus it has been stated that this is the most important of all the amendments (Monk, 2003). They left the language general allowing for the ability to make changes to the Constitution (Tueber, 1988). There were five rights specifically stated in the language of the First Amendment. These rights were freedom of religion, the press, speech, assembly and the ability...
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...amendment and the issues we looked at, as stomach wrenching as some of the ideas and arguments were I do not think they went to far. The first amendment is a beautiful thing for everybody and how they choose to use it is their own choice and freedom. In any democracy there is a give and take, a good and evil, there are going to be people who do amazing and positive things by use of the first amendment. There will also be people like the Phelps family, who cowardly hide behind it, exploit it for all it stands for and push their radical religious views in a disgusting manner. Be that as it may, they do indeed have the right to do so and for every few months when we hear about their types of ridiculous behaviors and antics their are millions of others using freedom of speech for good and helpful reasons. 2. If we did revise, who would decide and what would be possible ramifications? The constitution states in the preamble WE THE PEOPLE, for no other reason than that, WE THE PEOPLE should be the ones who should have the power to change it. If the government wanted to change it the constition would be tainted for all it stands for. I think looking at it rationally where can you really change it? Are you going to change it to freedom of speech is ok only if everyone likes what you are going to say? no cause then what is everything you say going to have to go through a filter process? Theres to many hypotheticals to change a rule thats been around before we were here and well...
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...Freedom of Speech BCOM/405 April 4th, 2011 Freedom of Speech The 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...
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...to make its decisions. Then discuss the extent to which you agree that Tyler Harper should have not been allowed to wear the t- shirt to school. Finally, discuss the implications to the court’s ruling has on the freedom of speech. Limitations on Freedom of Speech The first amendment allows all human beings the right of freedom of speech. The purpose of this right is that it admits free communication of ideas and opinions so that congress cannot make any “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”(Caselaw1). On the day of silence designated to teach tolerance of gay and lesbian students, Tyler Harper, a high school student, wore a T-shirt which message was directed straight at gays saying that homosexuality is shameful. An editorial in the Los Angeles Times entitled “free-speech fashion,” evaluates a problem that interferes with Tyler Harper’s constitutional rights. Although the ruling does not accurately line up with the first amendment and is unfair in Harpers situation, the Supreme Court applied a so called “right” to not be offended which gave authority to suppress speech. Every individual is entitled to freedom of speech on the day of silence, while gay people are allowed to freely express their beliefs on homosexuality, Christians can also do the same in regards to their beliefs. The court explained that the school Harper attended...
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...Freedom of Speech Name Institution Freedom of Speech Freedom of speech values a lot for every person and it is the duty of the government to protect the freedom of rights of its citizen. Most of the countries allow and protect the freedom of speech of the citizens. There are few countries where citizens are not allowed to speak freely and journalists are killed. It is among the highly demanded basic rights of human. In the declaration of the human rights, Article 19 states that men are free to express their views and opinions on any issue ( Clavaud & Lafrenière, 2015). It depends upon the governments to impose any kind of constraint on the freedom of expression. For example, states often don’t allow speaking against any religion and race. It is also the duty of the government to maintain the law and order situation in the country. If a person’ views are affecting any sect of the society, then that particular person should be stopped or punished. This is often done by the law enforcement agencies. The intervention of the police department depends upon the severity of the issue. If a particular group of people is engaged in violent protest, then police can intervene. If the people are breaking the rules and creating mass destruction in the society, then police should control the situation. If the people are protesting against any issue, then, they can’t be arrested, until, they are violent or causing mass destruction in the society. In the current case, Michael Brown...
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...Argument Freedom of speech is a very important right that is protected by the first amendment of the United States Constitution. Freedom of speech can be interpreted as a way to voice one’s opinions by speaking freely without censorship, but this right is subject to limitations. Freedom of speech as a right includes not only content but also the means of expression. According to Article 11 of the Declaration of the Rights of Man and of the Citizen, “The free communication of ideas and opinions is one of the most precious rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.” As American citizens we have the right to speak freely and express ourselves openly, and as long as said expression is not being abused the government should have no say in the matter. One way people express themselves is through clothing. Instead of saying whatever is on their mind one can print what they are thinking on a shirt for the world to see. Case in point, Jeffery and Nicole Rank were arrested on July 4, 2004, on the ground of the West Virginia state capitol for wearing a t-shirt that read “Love America, Hate Bush” to an event featuring George W. Bush as the keynote speaker. They were asked by local law enforcement to remove or cover-up their attire, but the couple refused. They were then promptly arrested and charged with trespassing. This is a perfect example of freedom of speech...
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...Shut Up? Freedom of speech is one of the many great trademarks of this glorious country. But when do we tell people to shut up? Like the cartoon Bambi says: “If you have nothing nice to say, don’t say anything at all”. One of the most ugly faces of America is racism and discrimination. They say, “sticks and stones may break bones but words will never hurt me”, but racial slurs and comments on sexual orientation hurt people everyday. Racism still exists today and its effect is still as strong as it was fifty years ago. The first amendment has allowed great men and women like Martin Luther King, Jr. to deliver speeches like ‘I Had A Dream’. By using our voice, we have gained equal rights for all people. However entertainment seems to have no concern about the progress that was made. Comedian Michael Richards, commonly known as Kramer on Seinfeld, was caught screaming racist remarks to a member of his audience. Also, shows like South Park push the limits of free speech all the time. South Park cartoons are constantly bashing Jews and making fun of religious figures. This season, South Park debuted with an episode in which the racist remark ‘nigger” was used over 40 times. However, many people feel like it helps teach the impact of the word to others. So, it is really hard to really determine what is too much and what is not. Some say that today’s gay rights movement is like the Civil Rights movement. And homosexuals are today’s top victims of free speech abuse. Stars...
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...Debating Speech This motion is the death of equality. First, I would like to specify the title of this motion and the opposition’s take on it. We believe that a ‘secular society’ refers to each religion being equal and respected within a society rather than the discrimination of those who hold religious beliefs. Second, I shall set out the main reasons why equality should come ahead of prejudice against people who cannot help the way they were born whilst my partner will tackle the outcry of ‘freedom of belief’, which will be the main argument from the proposition. We, the opposition, believe that as long as a person keeps their anti-equality beliefs to themselves, they should be allowed to have them so if a person in Ireland was against the Gay Marriage bill, they may of course keep this belief as long as they don’t use it to discriminate against others. Now, I would like everyone to think of a time about seventy years ago when, as a shop keeper, it was perfectly reasonable to discriminate against homosexuals, ethnic minorities and even women. Now that racism and sexism are openly criticised, we have become a more equal and fair society, so why was there any controversy over a homosexual couple wanting a shop to bake a cake with an anti-discriminatory message on it? I would like to emphasise that this service was offered by the baker and so refusing this couple and damaging emotional effects on the couple as they strove for equality and the recognition of their position in a...
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...Freedom of Speech While I feel that the baggy pants issue is disturbing and distracting, I don’t feel a law should be put into place. When my children were in High School, each year the parents had to sign a policy regarding proper dress and what that entailed. If your child was felt to be in violation, it was understood they were sent home to put on more appropriate attire. This makes the student and the parents accountable for the dress code policy. Putting something like this into law is over stepping the purpose of the law. Our first amendment right of freedom of speech doesn’t include any language regarding clothing. Clothing is a freedom of expression as is tattooing and piercings. If we lived in a culture that being nude or just wearing underwear is acceptable it wouldn’t be a problem. This thankfully is not the case. The trend of baggy pants started about two decades ago in the prison system. Prisoners’ pants were tending to sag because they couldn’t be issued belts. This was due to the fact of causing harm to themselves or other inmates (Naik, 2011). Limits can be placed on what people wear especially when talking about minors. Until a child is of legal age, which is 18 years old, they can still be told how they can conduct themselves. It goes back to the parents setting boundaries with their children and sticking to it. In the article regarding fashion crimes, I understand how some of it is considered indecent exposure. I think it’s excessive to not only have...
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