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The Pros And Cons Of Free Speech

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Through the course of United States history, the First Amendment is known by every sort of citizen. Whether from the firebranded activists on different sides of every heated political issue that graced our nation, or taught by passionate academics wishing to instill the grand philosophy behind it to young students, the First Amendment is widely recognized and understood as a concept by our nation. Eloquently described by Justice Holmes in United States v. Schwimmer, proclaimed the nature of the First Amendment in his dissent: Not free thought for those who agree with us but freedom for the thought that we hate.” At its core, free speech is meant to be utilized by people of varying opinions. There are people, whether by nature or passion, who would use the safeguard of free speech in a way that is most detrimental not only society, but to the annals of scholars who longed observed its value. …show more content…

By no measure does the concept of free speech permit for unchecked practice because speech which engenders the breach of peace, births fear within a citizenry, or undermines the process of justice to be exacted will prevail over law and equity vested in this nation by our Constitution. The Stone Court dealt with this issue. In Chaplinsky v. New Hampshire, Justice Murphy established a two-tier theory. This theory categorized unprotected forms of speech to which “contributed to the expression of ideas or possessed any social value in the search for truth”. While Murphy’s opinion of Chaplinsky did not refer to “true threats”, his very words would be the precursors for cases to come regarding communicated threats. In Title 18 of United States Code § 875 (c) , the government is given its capacity to prosecute based on threatening content within

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