РефератыИностранный языкFrFreedom Of Speech Essay Research Paper Freedom

Freedom Of Speech Essay Research Paper Freedom

Freedom Of Speech Essay, Research Paper


Freedom of Speech


Meredith Kerr


Charles W. Locke


U.S. History 121-03


9-27-99


Imagine a time when one could be fined,


imprisoned and even killed for just 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 bee a very different


place. Without the right to speak freely one would


not be able to debt, nor would one be able to


receive full coverage on world issues. There would


be no interesting newspapers, no free religion and


no free thoughts. This amendment seems so simple


but, the boundaries of which issues and incidents


are covered are so complex and varied. What is


legal and illegal? What can be said and cannot be


said? Does this amendment include spoken word only


or does it include action also? What, if any,


limits should be put to this amendment?


As long as the government has existed, people


have battled over censorship. Censorship takes on


all different shapes and forms: banning of books,


television guidelines, laws that curb specific


types of speech, and imprisonment or even death for


openly speaking. For example, in sixteenth century


England, a loyal subject of Henry VII was


imprisoned for saying, ?I like not the proceedings


of this realm.?1 In earlier times this would have


been punishable by death for treason.


The need for freedom of speech was first


brought up in Massachusetts Body of Liberties in


1641. After the Revolutionary War in America, many


states recommend that free speech be put in the


United States Constitution. Nevertheless, freedom


of speech was written into the Bill of Rights and


was ratified in 1791.


A few years after the First Amendment was


ratified, the government passed the Sedition Act of


1798. This was to help prevent resistance or


rebellion against the government. It also made it


illegal to print, write or say ?any false,


scandalous and malicious? things against the


government. One person was convicted under the act


for ridiculous pomp, foolish adulation, and selfish


avarice.?2


This was never challenged by the


Democratic-Republicans because of the


Federalist-dominated the court rule. The act


eventually ended the Federalists in 1800 and was


destroyed itself. There was no other sedition law


passed before 1917.


Between 1800 and 1917, the individual states


placed more restrictions on the freedom of speech


than did the Federal government. There was a lot


of trouble between groups trying to form work


unions and picketers. The unions often tried to


challenge the boundaries of speech and actions.


They said picketing was protected speech. Their


business leaders saw it as coercive actions. The


courts routinely supported the business leaders and


issued injunctions, orders prohibiting a specified


action to prevent union pickets.


Slaves also fell outside the boundaries of the


protected speech. In the south freely speaking


about slavery was frowned upon. They would also


censor mail to make sure no abolitionist materials


were being shipped to the south. In the 1830?s


pro-slavery people convinced the government to stop


taking petitions against slavery. In 1844 Congress


was forced to repeal this statement because of the


anti-slavery enragement with denial of free speech


and petition.


During World War I the only way the government


could suppress criticism of the war was to pass the


Espionage Act of 19173. This was done to try and


stop ?willfully utter, print, write, or publishing


and disloyal, profane, scurrilous, or abusive


language about the form of the government of the


United States.?.


Over 2,000 citizens were convicted under this


act. This law was repeatedly challenges and for


the first time the Supreme Court heard cases on


which they upheld this law. After World War I, the


Court became very involved with trying to find and


set the boundaries for free speech.


There are many types of speech. There is Pure


speech, which is only spoken word, such as church,


debts, and meetings. This form falls under the


boundaries of the first amendment. Speech-plus is


speech with actions, like protest, marches and


picketing. Generally, actions are not as protected


as pure speech. Thirdly, there is symbolic speech.


It conveys its own message without words. This is


known as ?expressive conduct?. The Supreme Court


says, ?We cannot accept the view that an apparently


limitless variety of conduct can be labeled


?speech? whenever the person engaging in the


conduct intends thereby to express an idea?4. Some


?expressive conduct? is protected by the First


Amendment and some isn?t.


Burnin

g draft cards was decidedly not protected


within the First Amendment. The draft was


?necessary to legitimate government purpose of


raising an army? said the Supreme Court. Thus flag


burning was protected. Two of the court cases that


pertain directly with issues discussed are Texas


vs. Johnson case and Stanley vs. Georgia. Both of


these cases were found to be unconstitutional. In


Texas vs. Johnson, Gregory Lee Johnson burned an


American flag as part of a political protest at the


1984 Republican National Convention. Under Texas


law no one should ?desecrate? ones flag in a way


that ? the actor knows will seriously offend?


anyone other than oneself. Johnson was convicted


of desecrating a flag. The Supreme Court said the


Texas law violated the First Amendment, ?If there


is a bedrock principle underlying the First


Amendment, it is that the government may not


prohibit the expression of an idea simply because


society finds the idea itself offensive of


disagreeable?5.


Not long after the Johnson trial, Congress


passed a Flag Protection Act of 1989, which dealt


with the desecration of the flag whether or not any


bystanders took offense. Protesters burnt flags on


the U.S. Capitol steps in response. Soon the act


was deemed unconstitutional because it punished


anyone who ?knowingly mutilates, defaces,


physically defiles,….or tramples upon any flag?6.


The court said that those terms did not allow


anyone to show disrespect for any flag, not the


actual act of burning a flag. Therefore, the Court


punished the message intended not the action.


Government cannot force a person to not speak,


but it cannot force a person to speak either. The


government cannot make one speak something that is


against one?s beliefs and neither can they force


one to recant one?s beliefs after they have been


stated.


Some issues that fall outside of the free


speech boundaries are obscenity, defamation, fight


words, commercial speech, speech in special places


and speech that leads to illegal action.


Obscenity or profane fall outside the


boundaries of the First Amendment. This is defined


as anything that depicts sex or nudity an a manner


that infringes on one?s decency standards. The one


thing the courts do allow is the possession of


obscene material in one?s own home. In 1989, the


courts decided material in one?s own home. In


1989, the courts decided that ?dial-a-porn? (sex


over the phone) was constitutional.


Dancing nude is an expression of one?s body,


but it was made unconstitutional in 1991. Justice


Antonin Scalia argued that a law in Indiana was not


focused on nude dancing since the club in question


only allowed adults to enter.


Scalia said:


The purpose of Indiana?s nudity


law would be violated, I think,


if 60,000 fully consenting adults


crowded into the Hoosierdome to


display their genitals to one


another, even if there were not


an offended innocent in the crowd.7


Defamation is also not protected. Slander is


only considered as defamation when spoken; libel is


defamation through writing. An example is if a


newspaper printed false information on a well


reputation of that person. That person could sue


for libel. A sure fire defense in a defamation


trial is always telling the truth. This also falls


under freedom of press, books, magazines, and


newspapers: most trials fall under this category.


Some say fighting words such as ethnic slurs


should not be protected under the First Amendment.


Being politically correct is a big issue on college


campuses because a lot of them have adopted


policies that do not allow these kinds of fighting


words to be said. Many say this is a form of


censorship, and censorship is unconstitutional. Or


is it? Should people be able to choose for


themselves? Oliver Wendell Holmes said:


Words can be weapons…the


question in every case is


whether the words are used in


such circumstances and are of


such a nature as to create a


clear and present danger that


they will bring about the


substantive evils that Congress


has a right to prevent.8


The basic idea on the Freedom of Speech is


counteract whatever one says or does. With the


Nazi march in 1977, instead of protesting, have an


anti- Nazi march. The most vulnerable people will


pave the road for the speech laws. Ku Klux Klan


marches are protected as well as civil rights, Gay


and Lesbian marches.


There are many ways to interpret the First


Amendment, but as long as one used good sense and


can justify ones? actions then there would be a lot


less conflicts. Protest and fight back only when


necessary and not when someone offends someone for


petty little criticisms. Use common sense and


remember the harder one makes it on another, it


makes it just as hard for oneself. As proven over


and over History does repeat and the heated debt on


the boundaries of this amendment will continue


until the end of time.

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