Overview Of The United States As A Symbol Of Freedom Of Expression

The United States being a symbol of democracy promote freedom of expression to promote ‘free world’. The right enshrined in the first provision of the US constitution; it was after the first amendment of the US constitution in 1791. The amendment has the provision that, Congress shall make no law abridging the freedom of speech. Being a part of the Bill of Rights freedom of expression is fully guaranteed in the constitution, but not defined by it. The judicial system deals with the implementation and interpretation of the act in its application to solving disputes. It establishes principles that help to define the freedom of expression among citizens. The freedom of expression is a diverse area encompassing all forms of communication besides

In the case New York v. Ferber (1982), the Supreme Court in its ruling depicted that had the powers to prohibit child pornography even if to some point it does not meet Millers definition of obscenity. Even if work has serious artistic value, the inclusion of hardcore child pornography would deem it obscene. The state has the obligation of protecting children rights and has the mandate of preventing sexual exploitation of minors. The obligation of the state will surpass the importance of the work equaling repercussions of child pornography to the obscenity. In the case of Ohio v. Osborne (1990) the high court ruled an individual is liable to punishment for the private possession or viewing of child pornography. In his argument, the defendant claimed that the court was punishing a crime of thought but majority of the bench disagreed. They noted that for the protection of minors against child pornography, there was need destroy the market and the exploitation of the children. However, not all the child pornography statutes are immune of the First Amendment Act. The court struck down two provisions of the Child Pornography Prevention Act (1996) in the case of Ashcroft v. Free Speech Coalition (2002). It further explained child pornography as an inclusion of any visual depiction, that appears or suggest to be, of minors engaging in the explicit sexual act. Also, the court banned the advertisement or promotion of explicit sexual material conveying an impression of minors engaging in the sexually explicit conduct. In April 2003, the Protect Act that amended the child-pornography laws was signed into law. There was the creation of a new definition; it was inclusive of pornographic pictures of virtual children. It also requires that the defendants prove that the pornographic content they possess or are distributing does not depict actual