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More handpicked essays just for you.
Speech freedom
The first amendment essay
The first amendment essay
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When I first read Chapter Ten of “After the Fact”, by James West Davidson and Mark Hamilton Lytle, I was shocked at the methods meat factories use in preparing their products. I was especially shocked seeing as now; we have so many food regulations that most people don’t think twice about the food that is going in their bodies. I am now thinking, do these things still appear in our lives today? It was nice to know that Theodore Roosevelt took action in an attempt to fix these major problems. He became aware of the poor conditions of the meat industry through the book “The Jungle” by Upton Sinclair.
Racial speech is meant to harm and put down individuals, which is exactly why Lawrence doesn't see fit for it to be protected by the First Amendment. Lawrence uses the case of
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
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
Canada Are we sacrificing free speech for others protection? Freedom of speech in Canada is not absolute like for an example in America. Canada has always had a few rules to limit the grotesqueness of some of their books that were published in the past and present. I might not be a fan of restriction of speech whatever form it takes, but i can see what they are trying to do by creating a safer environment for the citizens they have and so on so forth.
Currently, the United State’s criterion on Speech includes, “obscenity, fraud, child pornography, harassment, incitement to illegal conduct and imminent lawless action, true threats, and commercial speech such as advertising, copyright or patent rights” (Gaudefroy 3). However, speech involving discriminatory words or racial intentions are protected by the law. To avoid instances that degrade the minority group, stricter rules need to be enforced on the delicate topic. Restrictions on hate speech should include usage of “misogynistic, homophobic, racist, and conspiracy-laden language” (Gaudefroy 3). Efforts to restrict these types of beliefs would create a more safe and equal society for all individuals.
According to the congress, a hate crime is a “criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, ethnic origin or sexual orientation.” (2015, January 07). Hate Crime—Overview. FBI. Retrieved from http://www.fbi.gov
The First Amendment aims to protect the right of freedom of religion and the right of freedom of expression of all United States citizens. However, Lawrence states “The Supreme Court has held that words that ‘by their very utterance inflict injury or intend to incite an immediate breach of the peace’ are not constitutionally protected.” (Lawrence, pg 175) The First Amendment does not protect speech that maintains a sole purpose to inflict harm on other people. “Racial insults are undeserving for First Amendment protection because the perpetrator’s intention is not to discover truth or initiate dialogue, but to injure the victim” (Lawrence, pg 175)
The speaker might be racist or have terrible views, to counter that you can protest and use your own first amendment right and voice your opinion non violently. The other side might say that the first amendment doesn't cover these racists, but it was ruled the first amendment covers everything. The supreme court ruled that the first amendment still protects “hate speech” and things like it,“The idea that the government may restrict speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express “the thought that we hate”(Volokh). This proves that no matter how racist or against views it is they still have the right to express their opinions.
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.
The Federal Bureau of Investigation defines a hate crime as, "a traditional offense like murder, arson, or vandalism with an added element of bias. For the purposes of collecting statistics, the FBI has defined a hate crime as a "criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity." Hate itself is not a crime-and the FBI is mindful of protecting freedom of speech and other civil liberties" (FBI). When reading this definition, it is clear to understand why so many are against hate crimes. Hate crimes are a direct stab, whether that be literally or metaphorical, at a group of human beings.
Hate crime What distinguishes a hate crime from other crimes is an underlying motivation based on the victim’s group membership. There has been much debate over the constitutionality of hate crime laws and which groups (if any) should be protected by such legislation. Those against hate crime laws argue that it is a violation of First Amendment protections of free, association, and freedom of thought. The Supreme Court confirmed that freedom of thought is implied by the First Amendment in R.A.V. v. St. Paul which those against hate crime laws argue makes such laws unconstitutional.
The ability to speak freely is written in the bill of rights and has been preserved for decades, but when free speech turns into hate speech it brings up the widely deliberated issue about banning hate speech. There are many different perspectives on the issue of hate speech. Author of Hate Speech is Free Speech, Gov. Dean and Law professor, Glenn Harlan Reynolds, applies a strong historical perspective on the situation arguing that people are “constitutionally illiter[ate]” when they make the claim that hate speech is not part of the First Amendment. Believing that it is impossible to ban hate speech because everyone will always disagree with any idea, Reynolds focuses on the problems with banning hate speech and what might happen if hate
The right to abortion is one of the most controversial topics in modern day American society, filling daily life with extreme debates, protests and discussions. This specific issue is specifically about the termination of pregnancies in America, along with the ethical and moral issues behind it. An abortion is a medical procedure that terminates a pregnancy by medication or surgery, done for various reasons. The divide on the topic of abortion is between the people that believe it is a woman's right to be able to make that decision and those who believe it is immoral and should be illegal. On one side of this issue are people who believe in pro-choice, the belief that women should have the right to make their own decisions with their bodies
I am undecided for Freedom of Speech. There are plenty of good and bad qualities, and as much as there are pros there are also an equal amount of cons to freedom of speech. According to the first amendment, we the people have the freedom of speech which allows us the right to speak freely without censorship. Freedom of speech is not absolute in any country and the right is commonly subject to limitations, such as on “hate speech”. There are many pros and cons to freedom of speech, which is why I am only discussing three pros and cons, that I find that argues the opposite side, to the point it made me undecided on free speech.