Introduction
The People v. Larry Flynt
‘The People v. Larry Flynt’ is a docudrama that chronicles the life and exploits of Larry Flynt and his pornographic publication, ‘Hustler.’ Hustler originally began as a newsletter to attract patrons to Flynt’s Hustler Go-Go club with nude photos of the women who worked there. This newsletter evolves into Hustler Magazine, which over time gains a widespread distribution after acquiring and publishing nude photos of Jackie Kennedy Onassis, former First Lady.
Flynt is sued for pandering obscenity and engaging in organised crime. His partner, Althea Leisure, hires Alan Isaacman to defend her husband in court. Isaacman tries to make the case that Hustler was not the only obscene magazine published and
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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
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It was mainly used as a method to suppress the Freedom Movement. Several freedom fighters, including Tilak, and Gandhi have been jailed under this law. Nehru himself criticised the law, saying “that particular section is highly objectionable and obnoxious and it should have no place both for practical and historical reasons, if you like, in any body of laws that we might pass. The sooner we get rid of it the better.” The sedition law is a draconian law in that it does not require the speaker to incite violence against the state. It simply requires that they “excite disaffection,” a term which the statute specifies “includes disloyalty and all feelings of enmity,” extremely vague terms. Not only that, sedition is punishable by a maximum of life imprisonment. It is also a cognizable offence, meaning that the police can arrest someone for sedition without a warrant. It follows from the above that there have been a number of arrests after loose interpretations of this law. Fortunately, the ratio of convictions to arrests is extremely low, but the chilling effect of this law on free speech is manifold, and instils fear of arbitrary arrested for seemingly innocent
It is not uncommon in today’s society to be opinionated. Today, people use the First Amendment to the United States Constitution daily. Such as, in any type of argument that may arouse, any difficulty that pops up, and even when we are walking down the street. We use Freedom of Speech as our back bone when we discuss sensitive topics or issues of the world. Examples being, if you are walking through the grocery store, talking on your cell phone and someone asks you to talk quieter, we quickly become offended and resort to the First Amendment, that we are able to talk as loud or quiet as we please.
The Sedition Act allowed the US government to give consequences to anyone who goes against the government. Congress did not want any foreigners or citizens to be able to say anything negative
This could be done during war or peace time. The Sedition Act severely restricted freedom of speech and of the press. People who printed or helped print or disseminate written material against the government, congress or the president could be prosecuted. People who spoke against these entities could also be prosecuted even if it was just their opinion. Madison realized that freedom-loving people can easily be persuaded to voluntarily part with liberties they would otherwise consider indispensable when they feared foreign attacks or war (Watkins).
The Alien and Sedition Acts contradicted the Bill of Rights. The Bill of Right states that “Congress shall not… prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people”. The Sedition Act opposes this because it states that the people cannot speak, write, or do anything that makes accusations against any governmental entity (McClellan, Source 4). This is abridging the freedom of speech because you cannot talk freely about the government and are severely
During this time period, 20 people were arrested for speaking against the government(“The Alien and Sedition
The United States Supreme Court has made many controversial rulings throughout the many years since it was established. These cases have been decided by a very close vote. Each one shaping the structure and jurisdictions of the government. Some strengthened the powers of government and some gave more rights to the individual. They will forever effect and influence the future of America.
i. The Sedition Act was law enacted in 1798 that made it a crime to write or publish “any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress…or the President..with the intent to defame…or bring them, or either of them, into disrepute…or to excite against them, the hatred of the people of the United States.” Violators were subject to imprisonment for up to two years and a fine of up to $2000. ii. Ostensibly, the law was intended to protect against French terrorism that Americans were afraid of spreading to the US during the French Revolution. However, the true reason the law was enacted was for political purposes.
Thus, the Sedition act displays not only apathy towards the constitution and the effort that went into the documents production, but also displays the apparent hypocrisy of the Federalist Party in exchange for working to silence the
The freedoms of men and women are guaranteed under law, yet somehow we tell eachother that our speech is incorrect and should be looked down upon. How can the liberties of other people be less valuable than than your own? Americans tend to simply push an opposing opinion out of their way, deeming it invaluable and useless, but when someone does that same thing to them, they are up in arms about their right to free speech. Walter Lippman uses powerful pathos and strong diction in his article The Indispensable Opposition to develop his argument that individuals must respect and listen to other’s opinions in order for society to grow as a whole. People’s emotions are always hard to decipher and angle so that their opinion is altered, or even changed.
The article argues that the courts should only view harmful speech in the same eyes and rule them the same as if they were conduct harms. The source then discusses how many scholars believe that freedom of speech only applies when the benefits outweigh the harms, regarding what is being said. The article does a good job of approaching the problem through a semi-neutral lens. The article clearly lets its opinion be known at times; however, it approaches the opposite side of the argument in a fair manner. The article will be incredibly beneficial because it discusses when freedom of speech should not apply with a neutral approach.
The First Amendment Early Americans fought the Revolutionary war to be free of Great Britain, and that’s why we have our basic freedoms that allow us to do different things that other country’s citizens couldn’t. All of this is because of our first amendment. The first amendment has had an enduring impact on the United States because of it’s important meaning and purpose. The First Amendment’s Meaning and Purpose
This is where the contradiction of the first amendment and laws abide one another. Is it freedom of speech or is it a
When we censor what we want to say because others tell us to, we run the risk of violating our First Amendment right on free
This event aligns with the creation of The Espionage Act of 1917 and the Sedition Act made in 1918. The purpose of these laws was to forbid "spying and interfering with the draft but also "false statements" that might impede military success", as well as any ' 'statements intended to cast "contempt, scorn or disrepute" on the "form of government" or that advocated interference with the war effort" (Voices of Freedom 119). As a result, American citizens expressing their disapproval in any form regarding the war would be arrested and punished by these
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.