Analysis Of Free Speech Follies By Stanley Fish

Smolla writes about the First Amendment in his essay, "Speech Overview". He discusses what freedom of speech is, why Americans hold the First Amendment in such high regard, and how it can be conflicting to many American's "social instincts". The main idea that Smolla is arguing is that Americans embrace freedom of speech and individuality, even though it may cause conflict. He recognizes that some limitations must exist, but the freedom to express our thoughts is the American way. Smolla points out that many controversial items are approved due to the first amendment, even though they conflict with patriotism.

Oliver: For Matthew Fraser: The 1st Amendment protections of citizens were especially designed for situations in which political speeches are made. The 1st Amendment guarantees freedom of speech. The Court, in Tinker v. Des Moines, 1969, made clear that "students do not abandon their Constitutional rights at the schoolhouse gate.

It further postulates that such commentary on public figures is not only legal, but also healthy — implicitly making the argument that Free Speech is an essential feature of participation in democracy, and that public figures must bow to such caricatures in exchange for the power that society has bestowed upon them. It summarises this belief with a quote taken directly from the Hustler v. Falwell judgement: "At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas. Freedom to speak one 's mind is not only an aspect of individual liberty, but essential to the quest for truth and the vitality of society as a whole. In the world of debate about public affairs many things done with motives that are less than admirable are nonetheless protected by the First

The fact the founding fathers of the United States, risked their lives traveling on a dangerous journey in a hope of finding a place where they can express themselves freely without any punishment indicates how valuable this Amendment is and it is sad that it is not

The primary step in First Amendment free speech analysis is to determine whether the statute is conduct based or content neutral, and then apply the proper level of scrutiny.(Burson v. Freeman, 504 USC 191, 197-198). The limitation of sex offenders’ ability to access certain commercial social networking sites is content neutral. There may be certain times that where the government’s regulation has an incidental affect on expression. A regulation that serves purposes unrelated to the content of expression is content neutral, even if it has an incidental effect on some speakers or messages. (Renton v. Playtime Theatres, Inc., 475 U.S. 41, 47-48 (1986).)

Although the government has the authority to curtail free speech rights, and punish speech that incites violence and harm, the First Amendment provides far reaching boundaries for the advocacy of political

The United States didn’t invent freedom. The Greeks and Romans had their democratic principles and the British had their Magna Carta before we were a nation. We are not even considered the “most free” nation in the world. In fact, we were ranked 20th in the world earlier this year by the Cato Institute in the “human freedom index.”

Although the first amendment guarantee’s freedom of speech, the guarantee is not absolute. There should be an expectation to the first amendment. Another aspect of freedom of speech is expressive conduct (such as flag burning). The supreme court has grappled with whether laws banning expressive conduct are permissible under the first amendment. This court is in favor of Texas because, is it not right to burn a flag, with military people died to protect our flag, it is a symbol of freedom, and it will cause more problems in the world.

Borders of the First Amendment are at the center of the legal debates about free speech and hate speech. While free speech is considered to be a basic right, as the Supreme Court has given the right to free speech. However, when such "free speech" crosses the line and becomes a threat, the courts have stepped in and punished the speaker. First Amendment does not protect free speech that has the intention of doing harm or damage.

The First Amendment to the United States Constitution states “Congress shall make no law…abridging the freedom of speech”. Some people in today’s time would argue the first amendment is one of the most important listed in the Bill of Rights. Many forms of speech are protected by the first amendment that one wouldn’t think would be such as flag burning and “adult videos”. Over the years there have been many different court cases that have debated and fought the forms of speech that are protected. Many people in society treat speech differently and this is given in the United States because there are such diverse groups throughout the nation.

During the twentieth century, the United States emerged as a persistent and powerful actor on the world stage. And at key moments of worldwide involvement the encounter with a foreign "other" subtly affected the meaning of freedom in the United States. Today, when asked to define their rights as citizens, Americans instinctively turn to the privileges enumerated in the Bill of Rights—freedom of speech, the press, and religion, for example. But for many decades after the Bill of Rights was added to the Constitution in 1791, the social and legal defenses of free expression were extremely fragile in the United States. A broad rhetorical commitment to this ideal coexisted with stringent restrictions on speech deemed radical or

Hate is everywhere! Everywhere you turn there will always be people who hate you, your ideas, or everything. As a High School student, hate surrounds me in digital forms and physical forms. I see bullies in real life and homophobic people on my Twitter Timeline. They both share one thing in common: the first amendment.

Norman Rockwell is an Americana artist. He was born in New York city on February 3rd ,1894 . Inspired by president Franklin D.Roosevelt’s famous “ Four Freedoms” speech delivered to Congress on the eve of World War II, Norman Rockwell created fort painting depicting simple family scenes,illustrating freedoms Americans often take for granted. The Four Freedoms are printed and distributed,ultimately raising $132 million for the war effort(Cutler 18). He spends six months to finished those painting in 1943.The Four freedoms which are freedom of speech, freedom of worship, freedom from want and freedom from fear.

Malaysian has the right to freedom of speech which is guaranteed by Article 10 of the Constitution of Malaysia. The Article 10 allows all citizens the absolute freedom as not restricted by the government. In Malaysia, Law such as Publications act and printing presses give the Malaysian authorities the control over all the media. Any act that against this law may lead to fines or in much extreme cases, prison sentence. Although Malaysia has the right to freedom of speech, the media are still being controlled by the government which restrict them to publish anything against the government.

As human beings, we are all born with an entitlement of freedom of speech or synonymously known as freedom of expression as it is a basic human right. It is stated in the Federal Constitution and it is important for us human beings to protect our rights to freedom of speech and expression as it is the backbone for a democratic society. Having the right to express oneself freely without any restrictions is an essential part of what it means to be a free human being. Article 10 in the Federal Constitution states that; (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations.