1000+ documents containing “freedom of speech”.
"[T]here remains a distinction between autonomy, the ability to think for oneself, and self-expression, the communicating of one's thoughts to others. Both are important components of our interest in free speech" (Lichtenberg, 336).
till some believe that any infringement upon the media would diminish the amount of true information disseminated into society. Truth, though, is filled with ambiguity and is intangible -- the "truth" of the media story is based on a moment in time, a slant from the reporter or producer, and if designed to promote the most controversial aspects of a story, becomes subjective truth simply out of necessity -- we are bound by our senses and certainly what we see, hear, and experience is fleeting, This, to Lichtenberg, is similar to the sliding scale of morality that we hold. he uses the example of a restaurant and an individual's personal dining table. We can legally discriminate on….
Freedom of Speech
History of Case Gitlow v. New York
Gitlow v.New York was a decision that was made by the supreme court of the United States on June 8, 1925 which ruled that the fourteenth amendment to the constitution of the United States extended the reach of limitations of the federal government authority that that had been set in the First amendment. The specific provisions were protection of freedom of speech and that of press to governments of individuals in the state on New York. It was just among a series of supreme court cases that were used to define the scope of the first amendment protecting freedom of speech and establishment of standards to which federal government or state would be held in case it is criminalized writing or speech (Digital History, 2013).
People involved in the case
The case was against a member of the socialist party of America; Benjamin Gitlow….
Laws.com, (2013). Gitlow v. New York. Retrieved march 14, 2013 from http://kids.laws.com/gitlow-v-new-york
Casebriefs LLC., (2013). Gitlow v. New York. Retrieved march 14, 2013 from http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-chemerinsky/first-amendment-freedom-of-expression/gitlow-v-new-york/
Pearson Education Inc. (2010).civil liberties. Retrieved march 14, 2013 from http://wps.prenhall.com/hss_berman_democracy_4/7/1859/476148.cw/index.html
Digital History. (2013). Gitlow v. New York. Retrieved March 14, 2013 from http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=3&psid=4070
Freedom of speech is a human right guaranteed by the Constitution of the United States. Yet, in the worlds of public and private employment, employers have some limited rights with regard to the things their employees can say. These generally differ for public and private employees.
The main basis for this difference is the fact that public employees offer their services to the Government, which in turn is to act in the interest of the public. Hence, public employees who speak out in the interest of the public tend to be offered a relative amount of freedom when it comes to what they are allowed to say in and about the workplace (Hudson, 2002).
Public employers include the police, education institutions, and city government institutions. Employees can work at the federal, state, or local government level. According to Hudson (2002), public employees do not have freedom to criticize governments for corruption, belong….
Dolgow, M. (2012, Aug. 3). Where Free Speech Goes to Die: The Workplace. Bloomberg Businessweek: Companies and Industries. Retrieved from: http://www.businessweek.com/articles/2012-08-03/where-free-speech-goes-to-die-the-workplace
Hudson, D.L. (2002, Dec.) Balancing Act: Public Employees and Free Speech. First Reports 3(2). Retrieved from: http://www.firstamendmentcenter.org/madison/wp-content/uploads/2011/03/FirstReport.PublicEmployees.pdf
Supreme Court of the United States. (2009, Oct.). Citizens United v. Federal Election Commission. Retrieved from: http://www.supremecourt.gov/opinions/09pdf/08-205.pdf
Freedom of Speech and Art
"Freedom of speech' is a fundamental right of citizens of the United States. The constitution grants complete freedom of speech under the First Amendment which states:
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.
Americans thus enjoy comparatively more freedom of expression and speech than people in the developing countries. It would be wrong to assume that freedom of speech is absolute even in the U.S. But in our country, we have the privilege to challenge any unjust arrest, ban or suspension if it is found to violate our rights of free speech. However this is certainly not the case in developing countries such as China where freedom of speech is….
1) MaJian, China is putting '1984' to shame, Saturday, May 21, 2005,-Page 8 accessed online 9th June 2005: http://www.taipeitimes.com/News/edit/archives/2005/05/21/2003256040
2) 'China Suppresses Free speech', 20/05/2005, News24.com (accessed online 9th June 2005) http://www.news24.com/News24/World/News/0,,2-10-1462_1708175,00.html
3) ALA v. Pataki. Text found online 9th June 2005: http://www.loundy.com/CASES/ALA_v_Pataki.html
Freedom of Speech
In 1776, the United States Constitution was signed to protect the freedoms of every American and to solidify the rights that so many were currently fighting for. It was the government that implemented ways for everyone to have equal rights to express what ever they deemed appropriate without the fear of there being repercussions for their actions. That is no longer the case. The government now, instead of protecting those rules set so long ago by America's founding fathers, now have made even more rules to violate any sort of privacy, freedom of speech, and freedom to do whatever it is that a person feels like doing. What is more unbelievable is that although the government is restricting freedom of speech, they are doing so by following the Constitution itself.
After the attacks on United States soil in September of 2001, nothing has been more impactful on American's lives….
Chang, N. (2001). The U.S.A. Patriot Act: What's so patriotic about trampling on the Bill of Rights? Center for Constitutional Rights, New York, New York
American Civil Liberties Union (ACLU). (2010). Patriot Act eight years later: What you should know. 15 July 2011.
Bill of Rights Defense Committee (BORDC). (2009). Freedom of speech, religion, and assembly. 15 July 2011.
hich is the better course of action, Lawrence might ask himself. Should we censor the estboro Baptist Church and forbid them their right to free speech, or should we allow them to express their wacky, and perhaps injurious views, and fight back with words of compassion, caring, and support. Just because we would like to make a knee-jerk, reactionary law and censor them does not make it the right thing or the better thing to do. Also, it doesn't get rid of the racist feelings of the Church members, and it's likely that they would not keep quiet, regardless of the law. An instructive example is Germany, where it is illegal to make Anti-Semitic comments. Just this month, fashion designer John Galliano was caught on tape making Nazi references and anti-Semitic comments. He has now been charged with a crime. The woman he was talking to at the bar….
Larson, Aaron. "Defamation, Libel and Slander Law." Expertlaw.com. http://www.expertlaw.com/library/personal_injury/defamation.html . Web. Retreived on Marh 14, 2011.
Lawrence, Charles R. III. "The Debates Over Placing Limits on Racist Speech Must Not Ignore the Damage it Does to Its Victims." The Chronicle of Higher Education. October 25, 1989. http://www.brysons.net/teaching/csun/lawrence.pdf. Web. Retreived on March 14, 2011
Morton, Tom. "Shephard Funeral put Westboro Baptist Church on national map." Wyoming's Online News Source. http://trib.com/news/local/state-and-regional/article_f7ee0084-86e4-5cc1-b335-066a505a08ed.html. Web. Retreived on March 15, 2011.
Sherman, Mark. "Westboro Baptist Church Wins Supreme Court Appeal Over Funeral Protests." The Huffington Post. March 2, 2011. http://www.huffingtonpost.com/2011/03/02/westboro-baptist-church-w_n_830209.html Web. Retreived on March 14, 2011.
caselaw.findlaw.com);in Guiles v. Marineau (2006) (No. 05-0327 2nd Cir. Court) the Court of Appeals ruled that the school "violated a student's free speech" by disciplining him for wearing a T-shirt that criticized George . Bush and used images of drugs and alcohol (www.NSBA.org);Roberts alluded to Hazelwood v. Kuhlmeier (No. 86-836) (484 U.S. 260) (1988), in which a student newspaper was censored because of an article on pregnancy, as justification for his theory that the rights of students "must be applied in light of the special characteristics of the school environment" (Opinion of the Court); and the fourth case, Bethel School Dist. N. 403 v. Fraser (No. 84-1667) (478 U.S. 675) (1986), a student was suspended for giving a lewd speech at a high school assembly (www.law.umkc.edu).
The ruling by the Supreme Court in Morse v. Frederick does not fit with previous court rulings in this area of civil liberties, because this….
Burger, C.J. (1986). Bethel School District v. Fraser, a Minor, Et Al. Supreme Court of the United States (478 U.S. 675). Retrieved Oct. 25 at http://www.law.umke.edu.
Cornell Law Legal Information Institute. (1987). Hazelwood School District v. Kuhlmeier,
No. 86-836) (484 U.S. 260), Supreme Court of the United States, Retrieved March 19, 2008 at http://www.nsba.org .
Epstein, Lee; & Walker, Thomas G. (2006). Constitutional Law for a Changing America:
Christie provides a few examples of how lawyers use the superimposition of several vague terms to arrive at a workable precision. From the 1938 estatement of Torts:
An activity is ultrahazardous if it (a) necessarily involves a risk of serious harm to the person, land or chattels of others which cannot be eliminated by the exercise of the utmost care, and (b) is not a matter of common usage. (p. 896)
Differences can and do exist and even though they are difficult to articulate in words, it does not mean they should be ignored. The courts and juries are left to make distinctions among such words as "slight" negligence, negligence, "gross" negligence and recklessness. In other words, "distinctions are recognized in the law even though the distinctions cannot, in any very helpful sense, be adequately articulated" (p. 902).
Once distinctions are made in several prior cases, later cases that align with these….
The issue of emotional harm, which at first seems complicated to a prohibitive degree, can also be applied in a similar fashion. Law and custom have united -- for the most part -- to define other instances of unacceptable speech in public society and even in the privacy of a business. Sexual harassment and racial discrimination are the tow most well-known and easily illustrated instances of speech that does not actually present a danger being banned. More stringent interpretations of sexual and racist speech might be appropriate in a school setting, but restricting speech much more than it is in adult society does the students a disservice, denying them the ability to take responsibility for their own speech.
Protecting the students' ability to become responsible and educated self-directed adults is, I believe, the primary responsibility of all youth educators. That being said, there was an instance in a class I….
ACLU (2009). "Free speech: student speech." Accessed 20 February 2009. http://www.aclu.org/freespeech/youth/index.html
Linder, D. (2009). "Exploring constitutional conflicts: Free speech rights of students." Accessed 20 February 2009. http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/studentspeech.htm
A short article in the Boston Globe (2009) emphasizes the need to promote the right of students to religious freedom in schools. The article also notes that this right tends to be violated in schools on a regular basis. The reasons for such violation are many, not least of which is the fact that religion is a very emotional issue. Those who feel strongly about their religious roots tend to judge issues such as religious freedom on an emotional rather than a rational basis. Such lack of rationality is discouraged by the Constitution, and also by bills such as the newly signed Student eligious Freedom Bill. It emphasizes and clarifies rights that are guaranteed by the Constitution and rights that should not be violated.
In these turbulent political and economic times, it is wonderful to have an anchor in religious conviction. It is not as desirable however to use such an….
Boston Globe (2009, Nov 15). We need to protect students' rights to express their religion. http://www.boston.com/bostonglobe/editorial_opinion/letters/articles/2009/11/15/we_need_to_protect_students_rights_to_express_their_religion/
PR Newswire. (2009, Nov. 20). CAIR Seeks Prayer Rights for Maine Muslim Student. http://www.prnewswire.com/news-releases/cair-seeks-prayer-rights-for-maine-muslim-student-70629372.html
Religious Tolerance (2009). Religion and Prayer in U.S. Public Schools. http://www.religioustolerance.org/ps_pra9.htm
Student Rights in Public High Schools (2009). U.S. Supreme Court Cases Involving Student Rights. http://skyhawk13.tripod.com/cases.html
The government regulation of all artistic expression-from cinema to women performing to the press-keeps citizens unaware of developments in their world, deprives them of beautiful things that could be interpreted as "offensive to Islam," and in general, decreases the potential for beauty and pleasure in society.
In the U.S., for example, any government limitation of artistic expression is not only illegal, but shunned by the citizens. The vast majority of Americans want to know what is out there, even if some of it might offend their personal taste. Films that openly criticize the government, like Michael Moore's Fahrenheit 9/11, as well as films that simply might not appeal to all genres of individuals, are not only allowed to be disseminated but are widely discussed and even encouraged in our society.
Art has traditionally been not only a reflection of society but can serve as an impetus for change and modernization. Prior….
Human Rights Watch World Report 2002, Academic Freedom, accessed 8/25/05 online at http://www.hrw.org/wr2k2/academicfreedom.html
Human Rights Watch Iran 2002, accessed 08/25/05 online at http://www.hrw.org/reports/2001/iran/Iran0501-03.htm#P157_23451
Johnson, Paul. Art: A New History. Harper Collins, New York, 2003
Oxford History of Western Art, ed. Martin Kemp. Oxford University Press: Oxford, 2000
Addressing Teacher SpeechIn essence, following employment, teachers in public schools still retain some aspects of their First Amendment rights to free expression despite being public employees. As a matter of fact, the courts have in the past affirmed this position. For instance, in Tinker v. Des Moines Independent Community School District (1969), the court was categorical that it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate (Ross, 2015). It would, however, be prudent to note that the freedom of speech is in this case not absolute.In the presented scenario, the statement made by the teacher about the principal is not only potentially damaging to her reputation, but also false. It therefore follows that the said teacher could be deviating from the limits of freedom of speech. To a large extent, her comments now border on….
Myth of the First Amendment
The concept of "ig rother" surveying all our actions and censoring what we hear and what we know is something that goes against the very conception of American society. The centuries old fear of control motivates the people such that they believe in the ideology of freedom of speech over anything else. The First Amendment to us, is right up there with all the we hold Holy, un acceptable this may seem but the respect we accord to this issue can have no better comparison. Yet, are we as free as we believe or is the freedom we have just an illusion that the media and the government present so that they can manipulate our beliefs and perspective of the life we are living in the manner in which they deem correct? Horrendous as this thought may seem the fact is that if we look closely….
Author Not Available, First amendment: an overview Cornell University Accessed April 27, 2002 http://www.law.cornell.edu/topics/first_amendment.html
Detweiler, George Flag Burning Is Not the Issue Vol. 12, No. 07 April 1, 1996 American Opinion Publishing Incorporated http://www.thenewamerican.com/departments/feature/1999/062799.htm
Americans United for Speration of Church and State Accessed April 27, 2002 www.au.org/myths.htm
Freedom Forum.org: First Amendment Accessed April 27, 2002 www.freedomforum.org/first
Colin Kaepernicks political activism and his symbolic taking the knee have sparked a fierce debate over the power, potential, and possible limitations on freedom of speech. According to an article in The Washington Post, survey after survey has shown that too many students at all levels including in college dont understand free speech and dont know that it is guaranteed by the First Amendment, (Strauss, 2017, p. 1). The reason why I am writing about freedom of speech in relation to the reaction to Kaepernick is that the First Amendment encompasses the fundamental rights and freedoms fundamental to democracy. The goal of the paper is to explain the facts of the case through the lens of both ethics and constitutional law. Ultimately, I want to demonstrate to the audience why a democracy cannot function without freedom of speech. I also want to show why protesting something symbolic like….
S. citizens. In this program designed to help young ones value the freedoms they currently experience:
according to Tyler Barnwell, stands for grievance, as in "to petition the government for a redress of grievances." which denotes religious freedom, Leslie Anne Hill, a Presbyterian, states:
"means you don't have to follow a certain religion." stands for freedom of assembly, Sherri Jones states is "the right to get together with other people peaceably, but not to disturb anyone." which is for freedom of speech, Stephanie Kenfield relates: "means you can say anything you want to say, and nobody can stop you or anything, but not bad words and stuff." stands for freedom of the press, Justin Jolly explains: "You could write and say anything you want on a piece of paper or in a newspaper or anything like that." "Getting a grasp..., 1994)
The ruling for The Alpha Epsilon Pi v. The College of Staten….
Blankley, T. (2001, March 7). Freedom under Siege. The Washington Times, p. 17.
Cicero, Marcus Tullius. (1996). The Columbia World of Quotations. New York: Columbia University Press, 1996. Retrieved 12 December 2006 from www.bartleby.com/66/65/12465.html.
COURT THROWS OUT LAW USED TO BAN WEEDSTOCK 4TH DISTRICT COURT OF APPEALS DECIDES SAUK COUNTY'S OPEN AIR ASSEMBLY LAW VIOLATES THE FIRST AMENDMENT.(LOCAL/WISCONSIN)," Wisconsin State Journal (Madison, WI), July 25, 2003.
Communication - Journalism
"[T]here remains a distinction between autonomy, the ability to think for oneself, and self-expression, the communicating of one's thoughts to others. Both are important components of our interest…Read Full Paper ❯
Business - Law
Freedom of Speech History of Case Gitlow v. New York Gitlow v.New York was a decision that was made by the supreme court of the United States on June 8, 1925…Read Full Paper ❯
Freedom of speech is a human right guaranteed by the Constitution of the United States. Yet, in the worlds of public and private employment, employers have some limited rights…Read Full Paper ❯
Business - Law
Freedom of Speech and Art "Freedom of speech' is a fundamental right of citizens of the United States. The constitution grants complete freedom of speech under the First Amendment which…Read Full Paper ❯
Freedom of Speech In 1776, the United States Constitution was signed to protect the freedoms of every American and to solidify the rights that so many were currently fighting for.…Read Full Paper ❯
Business - Law
hich is the better course of action, Lawrence might ask himself. Should we censor the estboro Baptist Church and forbid them their right to free speech, or should…Read Full Paper ❯
Business - Law
caselaw.findlaw.com);in Guiles v. Marineau (2006) (No. 05-0327 2nd Cir. Court) the Court of Appeals ruled that the school "violated a student's free speech" by disciplining him for wearing a…Read Full Paper ❯
Christie provides a few examples of how lawyers use the superimposition of several vague terms to arrive at a workable precision. From the 1938 estatement of Torts: An activity…Read Full Paper ❯
The issue of emotional harm, which at first seems complicated to a prohibitive degree, can also be applied in a similar fashion. Law and custom have united --…Read Full Paper ❯
Mythology - Religion
A short article in the Boston Globe (2009) emphasizes the need to promote the right of students to religious freedom in schools. The article also notes that this right…Read Full Paper ❯
The government regulation of all artistic expression-from cinema to women performing to the press-keeps citizens unaware of developments in their world, deprives them of beautiful things that could…Read Full Paper ❯
Addressing Teacher SpeechIn essence, following employment, teachers in public schools still retain some aspects of their First Amendment rights to free expression despite being public employees. As a matter…Read Full Paper ❯
Myth of the First Amendment The concept of "ig rother" surveying all our actions and censoring what we hear and what we know is something that goes against the very…Read Full Paper ❯
Ethics / Morality
Colin Kaepernicks political activism and his symbolic taking the knee have sparked a fierce debate over the power, potential, and possible limitations on freedom of speech. According to an…Read Full Paper ❯
S. citizens. In this program designed to help young ones value the freedoms they currently experience: according to Tyler Barnwell, stands for grievance, as in "to petition the government for…Read Full Paper ❯