How Much Do You Know About the Freedom of Speech?
Autor: niegua • June 21, 2017 • Essay • 920 Words (4 Pages) • 737 Views
How much do you know about the freedom of speech? When you are walking in the public space, can you just yell out whatever it is on your mind right now? It is not that simple. Although the first amendment stated that Congress shall make no law prohibiting the free exercise of freedom of speech. But within 200 years, many restrictions were placed through the decisions of Supreme Court cases. We cannot say something that might disrupt the well-being of our society or express ourselves freely under special circumstances.
Now one might ask, where does the freedom of speech comes from? Why is it stated in the constitution? Freedom of speech comes from the first amendment, which is an article added to the constitution that “prohibits the making of any law respecting an establishment of religion, ensuring that there is no prohibition on the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, or interfering with the right to peaceably assemble.” (https://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution ) The historical background of the first amendment was very interesting. Originally, the bill of rights which contains the first ten amendments were not stated in the constitution, they were seen as power that people are “born with.” But the anti-federalists, led by Thomas Jefferson, who opposed a strong national government, feared democracy would not last long in the US. So they confronted the federalists, led by alexander Hamilton, that they would not ratify the constitution if there isn’t a bill of rights. Then, our founding fathers met together to discuss what should be listed in the bill of rights. Because rights were abused by the British, the founders were especially sensitive to personal rights. They made sure that the same thing does not happen in the US.
Back to the freedom of speech, there are many restrictions through the decision of the Supreme Court cases. Two famous ones are Schenck v. United States and Bethel school district V.Fraser. In 1919, Schenck v. US established people cannot express their thoughts or feelings that could purposes a clear present danger. In other words, you cannot yell “fire” in a movie theater. This was a very important case because it created the first exception to the 1st Amendment Free Speech Clause in US history. The government realizes that freedom of speech shouldn’t be allowed under every circumstances. Then in 1986, Bethel v. Fraser made sure that no sexual vulgar speech is allowed in public schools. The court established the idea that no speech that are inconsistent with the "fundamental values of public school education"( https://www.oyez.org/cases/1985/84-1667 ), is allowed. This limitation was necessary because even though freedom of speech is granted to all citizens, include students. Nevertheless, it is an educational environment, study should be every student’s first priority. Although a speech may seems appropriate to you, it may seems offensive to other people.
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