Free Speech vs. Security
Freedom of Speech and Homeland Security
They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
Benjamin Franklin, 1775
Freedom of speech is one of the essential cornerstones of democratic societies. Absent the right to free speech, democracy cannot function -- one might even say there is no democracy without freedom of speech. While most citizens and members of the governing body of democratic countries firmly subscribe to this conviction, at the time of wars and emergencies some voices begin to question the appropriateness of granting the citizens all civil liberties inherent in democracies. As a temporary war-time measure, often members of the governing body place restrictions on citizens' civil liberties, including their right to free speech. There have been many moments in history when the government of the United States temporarily suspended elements of democratic institutions, the most recent being the…...
mlaReferences
Baker, N.V. (2003) National Security vs. Civil Liberties. Presidential Studies Quarterly, 33(3): 547-567.
Ellwood, J.R., & Wollstein, J.B. (2002) Why "Anti-Terrorism Laws Threaten You. International Society for Individual Liberty. Retrieved on February 25, 2011, from http://www.isil.org/resources/lit/dictatorship-at-doorstep.html
Stone, G.R. (2005) Free Speech in the Age of McCarthy: A Cautionary Tale. California Law Review, 93(5): 1387-1412.
The Surrender of MSNBC (2003) AllYourTV. Retrieved on February 25, 2011, from http://www.allyourtv.com/index.php?option=com_content&view=article&id=259:surrendermsnbc&catid=78:featurescoveringmedia
United States (1970), after a Vietnam veteran was arrested for wearing a jacket with those words into a courthouse. In principle, even speech that is "offensive" is considered to deserve protection, because the consequences of censorship are even more harmful to society than involuntary exposure to offensive words in public. The same right protects artistic expression as another form of speech. In many countries, offensive speech in public is prohibited by law and political speech that is critical of the government or of public officials is severely punished by imprisonment, and in some cases, (such as Iraq (prior to 2003), even torture. On the other hand, the Supreme Court has also ruled that certain "utterances," while technically defined as "speech," are justifiably excepted from the protections ordinarily afforded to "speech." Specifically, words that expose others to danger, such as shouting "Fire!" In a crowded theater are not protected constitutionally; nor…...
mlaReferences
Dershowitz, a.M. (2002) Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown.
Friedman, L.M. (2005) a History of American Law. New York: Touchstone. Haynes, C., Chaltain, S., Glisson (2006) First Freedoms: A Documentary History of First Amendment Rights in America. London: Oxford University Press
Miller, a. (1989) Miller's Court. New York: Houghton Mifflin.
Free Speech and the Internet
With great power comes great responsibility, and to much is given, much is expected. These two proverbs, one from a recent film that is the most recent to reference it, and the latter, from the book of Proverbs in the Bible, needs to form the catalyst of free speech policy definition and implementation throughout the Internet. While unbridled, unlimited freedom is the catalyst of chaos, the same is true for intensive levels of monitoring and the continual censure of freedoms in society today. The best approach to freedom of speech on the Internet needs to balance the needs of individuals for protection of their privacy and their personal, civil rights.
Why Free Speech Needs To Be The Cornerstone
There are no more precious freedoms than those that underscore and support the free exchange of ideas, concepts and opinions. This is a right of all humans to share what…...
People can communicate with family and friends even at very long distances without having to pay exorbitant amounts for long-distance calls. Disabled people who are socially isolated have a means of contacting others like themselves. Kids struggling with their homework can receive help from their classmates or get instant feedback from others. There are also the more personal aspects of a person's life which are taken care of by Internet access.
Of course, there are a myriad of issues with the internet which are not nearly so positive. People have organized crimes on the internet, have planned them out and sought out individuals to help them with their plans. White-collar criminals have used the internet to defraud people of their money. People illegally download everything from movies to music and video games so they do not have to pay for them by going to the store and buying them legally.…...
Free Speech Rights of College and University Faculty
This is a paper that outlines Free Speech Rights issues at academic institutions and argues why it is important to preserve it. It has 16 sources.
The freedom of speech is something that has to be preserved no matter what the medium of communication may be, and this is because members of society may be greatly disadvantaged if exceptions are made.
As compared to the past, education today is very different. The nature of educating students today itself has seen changes largely because of the awareness that media has brought around. In contrast to students today, dealing with students of yesteryears was much easier because teachers could control them effectively.
Today, it seems that control over students is at risk, especially with the process of distance learning becoming more and more popular. Through this means of learning it has been seen that teachers have far less…...
mlaBibliography
Author not available, [Accessed on 25-3-2003]. Education and Technology: Future Vision at http://www.wws.princeton.edu/cgi-bin/byteserv.prl/~ota/disk1/1995/9522/952203.PDF
Author not available, [Accessed on 25-3-2003]. Innovating in Education at http://www97.intel.com/education/index.asp
Mast, C. [2002]. e-learning: inside hp's virtual classroom Accessed on 25-3-2003 at http://www.hp.com/hpinfo/newsroom/feature_stories/elearning01.htm
Yap, A. [2002]. How does e-learning come out tops over traditional learning? available at http://www.purpletrain.com/news/20020710_01.htm
Free Speech
Although the concept of "freedom of speech" as outlined in the First Amendment to the Constitution appears relatively straightforward, over the course of the country's history numerous cases have arisen requiring this concept to be refined and interpreted for situations the framers of the Constitution could have scarcely imagined. However, the framer's motivations for protecting speech remain just as relevant today, and by examining precisely how and why the framers opted to protect speech in this way, one may begin to understand which kinds of speech they intended to protect as well as possibly acceptable limitations on speech and the rationales for them.
Before examining some of the framer's motivations for protecting the freedom of speech via the First Amendment, it is useful to briefly consider the text itself, as a means of appreciating precisely which aspects of the First Amendment deal with the concept of "freedom of speech" and…...
mlaWorks Cited
National Archives. (1788). Constitution of the United States. Washington, DC: Retrieved from http://www.archives.gov/exhibits/charters/constitution.html
Sunstein, C. (1993). Democracy and the problem of free speech. PUBLISHING RESEARCH
QUARTERLY, 11(4), 58-72.
Linder, D. (2011) Introduction to the free speech clause. University of Missouri-Kansas City.
Free Speech
Clarence Brandenburg, standing with a burning cross in the background, stated at a public rally that "if our President, our Congress, our Supreme Court, continues to suppress the white, Caucasian race, it's possible that there might have to be some revengeance taken." ("Brandenburg v Ohio") This statement led to the creation of the Brandenburg Test, a legal test to decide whether or not specific speech was guaranteed protection under the Constitution. The Court ultimately decided that in order for the government to prohibit speech, that speech must intend to incite imminent action, use words that could produce imminent action, and openly urge incitement. In other words, the speech must intent, and produce, immediate illegal action.
This is a good standard for the protection of speech because it prohibits any speech which would start violent or illegal action, while still maintaining the freedom of speech that Americans hold dear. There is…...
mlaWorks Cited
"Brandenburg v Ohio: Supreme Court of the United States 395 U.S. 444
June 9, 1969." Exploring Constitutional Law. Web. 26 Nov. 2012.
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/incitement.htm
Freedom of Speech, or the right to express oneself, verbally and in writing, as one chooses, and how, when, to whom, and in what manner one chooses, is a guarantee of all American citizens, protected by the First Amendment to the United States Constitution. Specifically, the First Amendment to the Constitution states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
." It is my opinion that freedom of speech has always been, and remains, a necessary component of any open society. However, the political and social value of freedom of speech tends to become forgotten when a people feel that they are unsafe, or begin to feel threatened by their own peers (current American…...
mlaWorks Cited
'About the First Amendment." FirstAmendmentCenter. Retrieved May 2, 2005,
from: http://www.firstamendmentcenter.org/about.aspx?item=about_firstamd .
Baym, Nina, et al. (Eds). "Thomas Paine." The Norton Anthology of American
Literature, Vol. 1. 5th Ed. New York: Norton, 1998. 691-692.
He was arrested because the town had a law where one could not stand in a public street and scream at others in insulting manner.
While it is tempting to understand why Walter Chaplinsky was arrested and most people can understand the annoyance his speech must have caused, it was a law that should have been repealed.
Freedom of speech is such a fundamental right ingrained for more than 250 years that it needs to be protected even when the majority of listeners do not like or agree with what is being said.
Another case, in 1952 brings to light a different issue with regards to freedom of speech. In that case the leader of a white supremacy group was arrested for distributing literature claiming that the Negro race lacked virtue and other important characteristics.
While freedom of speech should be protected, it is also important not to allow hate filled speeches to be…...
mlaReferences
Chaplinsky vs. New Hampshire 1942.
Taking a Position on a Constitutional Issue '
Goodman, Laura (1989) Laura L. Goodman, Shacking Up with the First Amendment, 64 IND. L.J. 716 (1989).
Hinds deCourcey Michael. A Campus Case, Speech or Harassment. Taking a Position on a Constitutional Issue.
Citizens Rights and Equal Rights1The First Amendment guarantees several freedoms: freedom of speech, religion, the press, assembly, and the right to petition the government for a redress of grievances. Freedom of speech means that individuals have the right to express their opinions, even if they are unpopular or offensive. Freedom of religion means that individuals have the right to practice their religion without interference from the government. Freedom of the press means that the press has the right to report on events without censorship. Freedom of assembly means that individuals have the right to gather together for peaceful purposes. The right to petition the government means that individuals have the right to express their grievances to the government (American Government, n.d.).The Fourth Amendment protects against unreasonable searches and seizures. This means that the government cannot search a person's property or seize their belongings without a warrant or probable cause. The…...
mlaReferences
American Government. (n.d.). Retrieved from https://textbooks.whatcom.edu/amgov/
Nimmer, M. B. (1973). The meaning of symbolic speech under the First Amendment. UCLA L.
Rev., 21, 29.
Anthony Elonis - 18 U.S.C. §875(c)
Case Overview
In this case, Anthony D. Elonis was convicted for publishing a series of Facebook posts describing committing acts of violence towards various people in violation of § 875(c) (Wald and Milazzo). In May 2010, Anthony Elonis's wife moved out of their home with their two young children which consequently angered Elonis who then began posting on his Facebook page descriptions of how he wanted to kill his wife -- one such post, referring to his wife, stated: "If I only knew then what I know now, I would have smothered your ass with a pillow, dumped your body in the back seat, dropped you off in Toad Creek, and made it look like a rape and murder" (Larkin and ichardson). In October 2010, after having lost his job arguably due to another Facebook posting, Elonis's musings became darker and more vitriolic (Lempert).
Because of these…...
mlaReferences
Curtis, G. The Law of Cybercrimes and Their Investigations. CRC Press, 2011. Print.
Eastland, T. Freedom of Expression in the Supreme Court: The Defining Cases. Rowman & Littlefield, 2000. Print.
Kaplin, W. And B. Lee. The Law of Higher Education. John Wiley & Sons, 2011. Print.
Larkin, P. And J. Richardson. "True Threats and the Limits of First Amendment Protection." 8 December 2014. The Heritage Foundation. Online. 9 April 2015. .
Supreme Court's Decision
I agree with the majority opinion of Chief Justice Roberts in the case of Snyder v. Phelps. I also believe that the only dissent by Justice Samuel Alito is unwarranted and incorrect. The actions of Westboro Baptist Church had little to do with Albert Snyder and his son. The former was merely picketing a funeral that involved military personnel. As such, they were merely expressing their freedom of speech as protected by the U.S. Constitution and its amendments. The church and its members did nothing that warranted any of the sort of emotional distress that Snyder claimed he needed to recover monetary damages for.
This issue was largely decided based on the rhetoric that the signage displayed by Westboro Baptist Church of Topeka, Kansas displayed. That signage was merely expressing the opinion of various church members regarding the presence of homosexuality in the military. The link between those…...
The Issue of Free Speech and the Relationship between Liberty and SecurityIntroductionIn democratic societies, the balance between individual liberty and public security is critical in order to protect citizens and secure their rights. As our world becomes increasingly interconnected, it is essential for countries to have a system in place where citizens can freely express themselves and have access to legal freedoms, while at the same time ensuring that appropriate measures are taken to secure public peace in accordance with the rule of law. This delicate relationship relies on clear communication and collaboration between all stakeholders involved, as well as a shared set of values and common goals. ithout both security and liberty, individuals are unable to enjoy civil liberties or access justice. Ultimately, maintaining this equilibrium is essential for protecting human rights and developing cohesive societies based on mutual understanding. The issue of free speech is currently a controversial…...
mlaWorks CitedConklin, Michael. \\\\\\\\\\\\\\\"The Overlooked Benefits of\\\\\\\\\\\\\\\" Hate Speech\\\\\\\\\\\\\\\": Not Just the Lesser of Two Evils.\\\\\\\\\\\\\\\" S. Tex. L. Rev. 60 (2019): 687.Han, David S. \\\\\\\\\\\\\\\"Brandenburg and Terrorism in the Digital Age.\\\\\\\\\\\\\\\" Brook. L. Rev. 85 (2019): 85.Riley, Charlotte Lydia, ed. The free speech wars: How did we get here and why does it matter?. Manchester University Press, 2020.Sunstein, Cass R. Liars: Falsehoods and free speech in an age of deception. Oxford University Press, 2021.York, Jillian C. Silicon values: The future of free speech under surveillance capitalism. Verso Books, 2022.
Book CensorshipIntroductionThe censorship of information is one of the most pressing issues in libraries today (Steele, p.1). Censorship basically refers to efforts undertaken by governing authorities or their representatives to change/limit access to material depending on the content of work. Some of the changes or limitations made on work include removal, restriction, or exclusion. Censorship is a practice that has existed in society since ancient times and has been characterized by debates on the extent to which it affects the freedom of speech and intellectual freedom. As a form of censorship, book censorship occurs when government officials, private individuals, or organizations limit or remove books from school reading lists, libraries, or bookstore shelves. Over the past few decades, book censorship has grown to become one of the most common forms of censorship. Proponents of book censorship contend that it is critical to control the kind of literature given to children.…...
mlaWorks CitedAmerican Civil Liberties Union. “A History of Fighting Censorship.” ACLU - American Civil Liberties Union, American Civil Liberties Union, 2005, Blanchard, Margaret A. “The American Urge to Censor: Freedom of Expression Versus the Desire to Sanitize Society - From Comstock to 2 Live Crew.” WILLIAM AND MARY LAW REVIEW, vol. 33, no. 3, 1992, pp. 741–851. Bogen, David S. “The Origins of Freedom of Speech and Press.” Maryland Law Review, vol. 42, no. 3, 1983, pp. 429–465. Cahn, Naomi. “Lessons in Censorship: How Schools and Courts Subvert Students’ First Amendment Rights.” Family Law Quarterly, 49 , no. 3, pp. 535–544. Fanetti, Susan. “A Case for Cultivating Controversy: Teaching Challenged Books in K–12 Classrooms .” The Alan Review, vol. 40, no. 1, 2012, pp. 6–17. Fitzsimmons, Richard. “Censorship, Intellectual Freedom, Libranianship and the Democratic State.” International Federation of Library Associations And Institutions, Https://Www.ifla.org/Wp-Content/Uploads/2019/05/Assets/Faife/Lectures-Papers/fitz96.Pdf, May 2019, https://www.ifla.org/wp-content/uploads/2019/05/assets/faife/lectures-papers/fitz96.pdf . Hassan, Twana A. “A Historical Analysis of the Development of Free Speech Justifications.” The Journal Jurisprudence, vol. 28, 2015, pp. 487–506. Lukenbill, W. Bernard, and James F. Lukenbill. “Censorship: What Do School Library Specialists Really Know? A Consideration of Students\\\\\\\\\\\\\\\' Rights, the Law and Implications for a New Education Paradigm .” American Association of School Libraries, American Association of School Libraries, 2009, https://files.eric.ed.gov/fulltext/EJ851695.pdf . United States, Congress, U.S. Government Publishing Office, and U.S. Government Publishing Office. First Amendment - Religion and Speech, U.S. Government Publishing Office, 2 Oct. 1992. https://www.govinfo.gov/content/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-10-2.pdf . Accessed 12 Mar. 2022. https://www.aclu.org/other/history-fighting-censorship-pdf .
Curtailment of free speech, in any form, is an incremental step in the wrong direction and is in direct opposition with the fundamental principles on which this nation was founded. While I do not believe I personally would burn a flag, I fully support the right of others to express their opinions in such a manner. While Justice Rehnquist states that desecrating the American flag is not required for the expression of ideas, it should be noted that neither is a picket or a hunger strike or a march. While none of these is required to express ones dissention or opinion, they are all instruments through which we can do so. As such, the desecration of the American flag should be protected no differently than the aforementioned demonstrations.
ibliography
Goldstein, R.J. (2000). Flag burning and free speech. University Press of Kansas.
Rosen, J. (1990). Was the Flag urning Amendment Unconstitutional. Yale Law…...
mlaBibliography
Goldstein, R.J. (2000). Flag burning and free speech. University Press of Kansas.
Rosen, J. (1990). Was the Flag Burning Amendment Unconstitutional. Yale Law Journal, 100, 1073.
Welch, M., & D.), M.W. (. (2000). Flag burning. Aldine Transaction.
To provide an answer to this question, it is really important to know which government is the subject of your question. In some countries, the government is absolutely prohibited from imposing the types of regulations on speech that answering yes to the question would require. These types of absolute prohibitions, such as the First Amendment to the United States Constitution, significantly impact whether a government could regulate social media, even if regulating social media would help prevent the spread of fake news and misinformation. Therefore, any discussion of whether they should regulate this type of speech has....
Pornography is a controversial topic. Discussions of pornography incorporate issues of free speech, morality, women’s rights, sexual violence, domestic violence, and misogyny. Many people believe that images of pornography are harmful and degrading, even if the pornography is not violent. However, the issues are not as clear-cut as they seem at first glance. Many people believe that pornography has some positive benefits that go beyond any thrills it offers.
Here are some essay titles and topics to explore:
**Literary Analysis and Criticism**
* **Compare and contrast the literary techniques and themes employed by two or more authors in their works.**
* **Analyze the structure, language, and symbolism in a literary work to uncover its deeper meanings.**
* **Examine the historical and cultural context that influenced the creation and reception of a literary text.**
* **Explore the psychoanalytic or feminist perspectives on a literary work and discuss their implications.**
* **Evaluate the significance and lasting impact of a particular literary movement or genre.**
**Rhetorical Analysis and Argument**
* **Analyze the persuasive techniques used in a speech, essay, or other persuasive text.**
* **Evaluate the logical reasoning and....
Topic 1: The Erosion of Due Process in the Digital Age
Topic 2: The Tension between Due Process and National Security
Topic 3: Due Process and the Rights of the Unrepresented
Topic 4: The Role of Due Process in Protecting Minority Rights
Topic 5: Due Process in the Context of Private Ordering
1000-Word Essay
Topic: The Erosion of Due Process in the Digital Age
Introduction:
Due process, a fundamental principle of justice, safeguards individuals from arbitrary or unjust government actions. However, the advent of the digital age has raised concerns about the erosion of due process. This essay examines the ways in which digital technologies have challenged due....
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