Freedom Of Speech
Imagine a time when one could be fined,imprisoned and even killed for just simply speakingone's mind. Speech is the basic vehicle forcommunication of beliefs, thoughts and ideas. Without the right to speak one's mind freely onewould be forced to agree with everything societystated. With freedom of speech one's own ideas canbe expressed freely and the follower's belief willbe stronger. The words sound so simple, butwithout them the world would bee a very differentplace. Without the right to speak freely one wouldnot be able to debt, nor would one be able toreceive full coverage on world issues. There wouldbe no interesting newspapers, no free religion andno free thoughts. This amendment seems so simplebut, the boundaries of which issues and incidentsare covered are so complex and varied. What islegal and illegal? What can be said and cannot besaid? Does this amendment include spoken word onlyor does it include action also? What, if any,limits should be put to this amendment?As long as the government has existed, peoplehave battled over censorship. Censorship takes onall different shapes and forms: banning of books,television guidelines, laws that curb specific
Obscenity or profane fall outside theboundaries of the First Amendment. Burning draft cards was decidedly not protectedwithin the First Amendment. The onething the courts do allow is the possession ofobscene material in one's own home. The need for freedom of speech was firstbrought up in Massachusetts Body of Liberties in1641. Government cannot force a person to not speak,but it cannot force a person to speak either. Under Texaslaw no one should "desecrate" ones flag in a waythat " the actor knows will seriously offend"anyone other than oneself. Ku Klux Klanmarches are protected as well as civil rights, Gayand Lesbian marches. After the Revolutionary War in America, manystates recommend that free speech be put in theUnited States Constitution. The court said that those terms did not allowanyone to show disrespect for any flag, not theactual act of burning a flag. In 1989, thecourts decided material in one's own home. Some say fighting words such as ethnic slursshould not be protected under the First Amendment. the question in every case is whether the words are used insuch circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congresshas a right to prevent. Johnson, Gregory Lee Johnson burned anAmerican flag as part of a political protest at the1984 Republican National Convention. Two of the court cases thatpertain directly with issues discussed are Texasvs.
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