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Freedom of speech in the usa
Freedom of speech in the usa
Freedom of speech in the usa
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Not everyone agrees with the government or if we should even have a government. What's the point of having rules, laws, someone in charge of running who could be unqualified? Each person in the government is protected by having for too much power. Every single person that has something to do with the federal government has some sort of power of someone. John Dickinson wrote The Articles of Confederation which were very weak and a disappointed to our country.
After the Constitution was sent to states for ratification, the people felt the Constitution did not protect the natural rights of the American citizens. The cause or reason for this addition to the Constitution was to ensure that the rights detailed in the Constitution and the Bill of Rights were not thought to be the only possible rights of American citizens. The Anti-Federalists, Thomas Jefferson, Patrick Henry, and George Mason, said that if certain rights weren't specifically granted to the people, the government would easily take over these rights and abuse the people in the country. The Federalists, George Washington, John Adams, James Madison and Alexander Hamilton, said that the Constitution give the government to do things that were
Thomas Jefferson once wrote to James Madison: "A bill of rights is what the people are entitled to against every government on earth" seeing that some Federalist was skeptical of the idea of listing rights. James Madison called it "parchment barrier" but regardless of his skepticism the declaration of rights was added to the US Constitution13. Initially, some amendments proposed by Madison were rejected including his "proposal to extend free speech protections to the States. " What followed were debates over spelling out what constituted the Bill of Rights, especially the "due process of law" preserved under the 14th Amendment. However, it was not until in 1925, in Gitlow vs. New York, 268 U.S. 652, did the US Supreme Court found
Hate speech is defined as: speech that attacks, threatens, or insults a person or group on the basis of national origin, ethnicity, color, religion, gender, gender identity, sexual orientation, or disability. While the United States has the bill of rights and the freedom of expression/speech some states do have speech provisions such as California. There are laws that label speech as ‘limited classes’ which could cause one to be sued in a court of law and that would include: lewd and obscene, the profane, the libelous and the insulting or “fighting” words – those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. All other speech is protected under your first amendment rights. Refer to a legal expert when in
The Constitution, which was written in 1787, was not fully supported by the citizens of the United States (Buescher). Citizens of the United States felt that their natural rights regarding life and property were not being upheld or protected by the United States Constitution. From a response to these complaints came the Bill of Rights. The Bill of Rights, written by James Madison in 1789, holds the first 10 amendments, or alterations, to the United States Constitution. Madison, a member of the United States House of Representatives, proposed the Bill of Rights in response to requests from states and citizens who believed that the Constitution did not protect basic human individual liberties (Bobb).
Hate speech destroys the First Amendment because it doesn't allow a person to express their free speech. According to Lakoff, people who don’t experience hate speech, don't think
Most Americans fought for their individual rights for decades before WW2. The first amendment in the Bill of Rights guarantees the right to free speech meaning that the citizens of America are allowed to read, write, and share ideas freely and act in opposition. Walter Lippmann, social philosopher and writer’s, article, The Indispensable Opposition, appeared in the Atlantic Monthly in 1939 during WW2. Lippmann informs Americans in the article on the importance of everyone having the freedom of speech and opinion in society by separating what is believed and what is the truth by creating juxtaposition, incorporating strong repetition, and invoking powerful diction to set the tone.
The US Constitution is a document based on the US Federal government’s law and it presents legal checks and balance for the branches of government. The reasoning behind this system was to give an in depth set of values and guidelines for the American people. It is separated into three parts: The Articles, the Bill of Rights, and the changes and additions. The initial three articles are written to establish the responsibilities, powers, and balance each branch the federal government has.
The Bill of Rights is the first 10 Amendments to the Constitution. The Bill of Rights more specifically protects the rights of individuals against any action by the Federal government that took their Life, Liberty, or property. The first meeting of congress was held in 1789 and began writing the Amendments we know now as the Bill of Rights. All 10 Amendments in the Bill of Rights were enacted and passed in 1791 and ratified by the states in the same year. The Bill of Rights is only second to being known by the Preamble.
The Bill of Rights are the first ten amendments in our Constitution which protect our fundamental rights and ensure a limited government. In 1868 the 14th Amendment was added, which guarantees citizens equal protection under the law and due process. For the Bill of Rights to be effective it would have to protect everyone rights equally, but there are too many cases when minorities or anyone else’s rights are infringed. Therefore the Bill of Rights and 14th Amendment is ineffective and does not protect the rights of all citizens. Someone’s race, gender, and religion could all affect how they are treated.
When the founding fathers established the government of America, it is clear that they had the intent of establishing a government that valued principles such as life, liberty, and the pursuit of happiness, and had a strong separation of powers. This is clear when we read the Declaration of Independence, Federalist Papers, and the Constitution. But does our current government value those same principles? I am going to argue that, no, it does not. If the intent of the founders was followed today, the government would be neither neglecting the First and Fourth Amendments, nor slowly degrading the separation of powers to the extent it has in the past 100 years.
Many people believe that the First Amendment gives the people right to say whatever they want but it’s not true. There is no hate speech exception to First Amendment. There are some kind of words which are not protected especially the fighting or insulting words or speech in which a person threatens to commit a crime that would result in death, serious injury, or damage is not protected by the First Amendment, instead First Amendment gives the right to fight against injustice, inequality and unfairness. For example Black Lives Matter movement, this movement has every right to express their feelings. The ways they are protesting are protected under the First Amendment.
This is where the contradiction of the first amendment and laws abide one another. Is it freedom of speech or is it a
The First Amendment, Freedom of Speech could probably be considered the most powerful amendments of the Constitution. If we didn’t have this right, many of our ideas and beliefs would not be real today. All American citizens have the right to talk about what’s on their minds and say what they believe in. As Derek Bok mentions in his essay and unfortunately for people who disagree, With the Supreme Court’s rulings, the demonstration of these flags clearly falls within the protection of the free-speech clause of the First Amendment and that they can in no way be banned merely because they may seem offensive or may someone else’s feelings. “These rulings apply to all agencies of government, including public universities”.
Although hate speech is bigoted, hate-mongering, and can potentially lead to hate crimes, it should still be considered free speech. If citizens of the United States are not allowed to be verbal about their beliefs, whether or not they are offensive and hateful, then there is no use in allowing free speech. Placing limitations on free speech contradicts the First Amendment, therefore making it inaccurate and useless.