The First Amendment And Freedom Of Speech - Free Essay Example

Sample details Pages: 4 Words: 1250 Downloads: 6 Date added: 2019/04/26 Category Law Essay Level High school Tags: First Amendment Essay Did you like this example? For the most part, freedom of speech is the freedom to speak on any subject. There is an exception to the First Amendment, and these categories are obscenity, child pornography, fighting words, speech integral to criminal conduct, and incitement to immediate unlawful action. They are not protected under the First Amendment, therefore are punishable based on content. The lack of protection from the First Amendment protects children from people trying to exploit them, protects a group or single person from injury due to incitement or fighting words, and protect individuals from blackmails and extortion. Context is very important component of speech. These categories have well-defined boundaries and there are more that are unprotected, but dont pertain to police officers. The Supreme Court took 15 years after obscenity was declared unprotected by the first Amendment to develop a constitutional definition. Obscenity is tested by the Miller test. This test shows obscenity if i t appeals to the prurient, which is defined as an interest in sex, of the average person, illustrates hard-core sexual acts, and lacks any literary, political, artistic, scientific, or other value. The Miller test identifies specific hard-core sexual acts that must be established before it is considered obscene. If a piece has value it is not considered obscene even if they portray sexual activity. Child pornography is excluded because of the need to protect children from being exploited and sexual abused. Child pornography does not have to appease the obscenity portion of the Miller test. The first legislation for child pornography was passed in 1977. Since then, Congress has toughened statutes on child protection laws. As the internet progressed, Congress began to talk about child pornography on computers. Allowing children to view pornography allows adults to entice children into sexual activity. Other concerns brought to Congress was it was a moral concern too. Congresss first a ction in this area was its passage of the Communications Decency Act of 1996 (CDA), which attempted to incorporate the Miller obscenity test and sought to limit the exposure of children to sexually explicit material on the Internet (Ward, para. 6). Fighting words are not excluded from the First Amendment for communicating ideas, insulting or offensive language. People have a right to say provocative things if they so choose. Fighting words are classified as to purely inflict injury, as the book stated. There are no set words that are automatically categorized as fighting words. Fighting words are highly debated, especially when it comes to police officers. The Supreme Court has made it unconstitutional to arrest someone who verbal attacks a police officers because they are trained to not react physical and therefore it would not be considered fighting words. The incitement to riot is depended upon if the words used in that situation creates a present danger. The Congress has a ri ght to prevent such acts. The Supreme Court has said that for speech to lose First Amendment protection, it must be directed at a specific person or group and it must be a direct call to commit immediate lawless action (Incitement to Imminent, 2008). True threat is a speech that is meant to intimidate one or more specific people. The court does not have defined boundaries and have only used this defense in a couple of cases. One case in which true threat was upheld was Virginia v. Black. The Supreme Court stated that states could criminalize cross burning if they could prove it was a threat and not a form of expression. A stipulation with the true threat category is that it doesnt have to be proved that one intends to carry out the threat, but that one communicated a threat. One complication is that the Supreme Court has defined the level of intent that is required for prosecuting true threat. Considering the list of unprotected speech, I dont think I would add or take away any. They are all very valid with what I would deem acceptable. The First Amendment allows citizens to criticize the government and voice unpopular opinions and the very few stipulations to that law is warranted. The federal government passed a law to restrict freedom of speech in 1978. Congress thought that people would be sympathetic to France during the war, so the Sedition Act was passed. Many people were against the Sedition Act and it was never challenged before the Supreme Court. By 1801 the act expired, and Thomas Jefferson pardoned all those convicted under the law. The second attempt to restrict freedom of speech was in 1917 when Congress passed the Federal Espionage Act. This prohibited false statements that interfered with military forces of the country or promoted the success of enemy forces. The Supreme Courts first decision in the area of free speech was in the case of Schenck vs. the United States, in which Justice Holmes wrote the opinion which sided with the governme nt. He stated, When a nation is at war, many things that might be said in time of peace are such a hinderance to its efforts that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any Constitutional right (Costly, para. 12). His view was limited to times of war, which clearly alter many different laws and government views. This one issue created many others, which raised the question what clear and present danger means and when it should stop people from saying certain things. The Supreme Court established the clear and present danger test in the 20th century to determine when speech is protected by the First Amendment (Parker, para. 1). The clear and present danger doctrine played a major role in the Constitutions beginning. It was placed to limit speech against the government. I think this is because government was so new that they wanted to make sure that everyone was on the same page and if they werent, make it to wh ere they couldnt be heard without prosecution. In later years, Justice Holmes wrote, we should be eternally vigilant against attempts to check the expression of opinions . . . unless they so imminently threaten immediate interference with the lawful and pressing purpose of the law that an immediate check is required to save the country (Parker, para. 8). His statement was after the case of Abram v. United States. In 1937, the clear and present danger test was accepted and between 1940-1951 it was used to decide twelve cases. In 1951, the presence of gravity of evil was introduced in the revised clear and present danger. Judge Learned Hand of the Second Circuit Court of Appeals adapted the revision in United States v. Dennis: Clear and present danger depends upon whether the mischief of the repression is greater than the gravity of the evil, discounted by its improbability (Parker, para. 16). The clear and present danger test has been revised and interpreted different ways dependi ng on circumstances of the nation. The test is no longer used and is superseded by the imminent lawless action. The people didnt like the danger test because it made it where it depended on judicial findings. Then the balancing test was in place which weighed the interest of speech. References Costly, A. (n.d.). A Clear and Present Danger. Retrieved November 26, 2018 Incitement to Imminent Lawless Action. (2008, May 12). Retrieved November 26, 2018 Kanovitz, J. R. (2015). Constitutional Law for Criminal Justice. New York: Routledge. ONeill, K. F., Jr, D. L. (2017, June). The First Amendment Encyclopedia. Retrieved November 26, 2018 Parker, R. (n.d.). The First Amendment Encyclopedia. Retrieved November 26, 2018 Ward, Artemus. The First Amendment Encyclopedia. Virginia and Kentucky Resolutions of 1798. Retrieved November 26,2018 Don’t waste time! Our writers will create an original "The First Amendment And Freedom Of Speech" essay for you Create order

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As You Like It Essay Research Paper free essay sample

As You Like It Essay, Research Paper Orlando was angry with his older brother Oliver for giving him nil from their male parent # 8217 ; s estate. He complained aloud to Adam, an old household retainer. merely so, in walked Oliver, the object of Orlando # 8217 ; s anger. They quarreled, and though Adam pled with them # 8220 ; for your male parent # 8217 ; s recollection # 8221 ; non to contend, Orlando continued to demand his portion of the heritage # 8211 ; which Oliver at last reluctantly granted in order to avoid force. Then, as Orlando left, Oliver drove Adam out every bit good: # 8220 ; Get you with him, you old dog. # 8221 ; Left entirely, Oliver summoned mighty Charles, the tribunal grappler. The following twenty-four hours Orlando was to wrestle Charles, and Oliver charged him, # 8220 ; I had as lief 1000 did # 8217 ; st interrupt his cervix as his finger. # 8221 ; Meanwhile, at the tribunal of Duke Frederick, his girl Celia consoled melancholic Rosalind, her cousin # 8211 ; and the girl of the late d eposed duke Senior. But Celia # 8217 ; s solaces were futile ; Rosalind could non # 8220 ; bury a banished father. # 8221 ; Merely when Celia promised that she would turn over her whole hereafter heritage # 8211 ; the dukedom itself # 8211 ; to Rosalind, did Rosalind turn # 8220 ; merry # 8221 ; once more. The cousins so decided to travel watch the wrestle lucifer. Meeting Orlando on the manner, they tried to carry him to # 8220 ; give over this effort # 8221 ; at outdoing Charles, who had already crushed the ribs of three rivals. But Orlando would non be dissuaded. The lucifer ended rapidly ; to the amazement of all, Charles was thrown and Orlando declared the master. Duke Frederick called the title-holder frontward to have his wages, but upon larning that Orlando was the boy of his enemy, Sir Rowland, he angrily sent the immature adult male on his manner. Rosalind, on the other manus, offered her hero a concatenation: # 8220 ; Wear this for me, # 8221 ; she told him. Then she blushingly added, # 8220 ; Sir, you have wrestled good, and overthrown more than your enemies. # 8221 ; Merely yearss subsequently, Duke Frederick gruffly took Rosalind aside. # 8220 ; Within these 10 yearss # 8221 ; he warned, # 8220 ; if that 1000 be # 8217 ; st found so near our public tribunal as 20 stat mis, 1000 diest for it. # 8221 ; When Rosalind protested that she was non a treasonist, her uncle was unaffected. As the girl of Duke Senior, Frederick # 8217 ; s deposed brother, Rosalind was unwelcome in his kingdom. But unbeknownst to Frederick, his ain girl Celia offered to fall in her cousin in expatriate. That dark the misss would go for the wood of Arden, where Duke Senior now lived. Since the wood was a unsafe topographic point for two adult females entirely, the taller Rosalind dressed as a pageboy, naming herself # 8220 ; Ganymede, # 8221 ; while Celia put on the shred of a shepherdess, and called herself # 8220 ; Aliena. # 8221 ; They besides invited the # 8220 ; buffoonish sap of [ the ] tribunal, # 8221 ; Touchstone, to attach to them. That eventide, the th ree runawaies escaped, undetected. Now that same dark, Adam warned Orlando of Oliver # 8217 ; s program to fire Orlando # 8217 ; s house, go forthing him no safe safety. Adam offered Orlando his life # 8217 ; s nest eggs and asked, # 8220 ; Let me be your servant. # 8221 ; Orlando lief accepted and together they, excessively, left for the wood of Arden. As Celia, Touchstone, and Rosalind # 8211 ; she in male child # 8217 ; s vesture # 8211 ; made their manner through the forests, they overheard a shepherd, Silvius, pouring out his bosom to his friend Corin: # 8220 ; O Corin, that 1000 knew # 8217 ; st how I do love her [ Phebe ] ! # 8221 ; With this, the distraught shepherd ran off. Rosalind and company, # 8220 ; with travel much oppressed, # 8221 ; so approached Corin, and he extended an invitation for them to eat and rest in his ain low bungalow. Meanwhile, in another portion of the forest, Adam, swoon after their long journey, complained to Orlando: # 8220 ; Dear maestro # 8230 ; I die for food. # 8221 ; Orlando promised he would convey commissariats to the faithful old retainer, or decease seeking. As he searched for nutrient, he came upon the exiled Duke Senior and his work forces, who were approximately to eat. Orlando strutted towards them and threateningly decreed, # 8220 ; Forebear, and eat no more! # 8230 ; He dies that touches any of this fruit boulder clay I and my personal businesss are answered. # 8221 ; Duke Senior, unoffended, invited Orlando to sit down and fall in them. Then, embarrassed by his ain behaviour, Orlando begged their forgiveness and hurried to recover Adam. As everyone Ate, Orlando revealed to Duke Senior that he was the boy of Sir Rowland, where upon the Duke exclaimed, # 8220 ; I am the Duke that loved your father. # 8221 ; Back at tribunal, Duke Frederick, believing that Orlando had helped Celia and Rosalind flight, threatened Oliver with the ictus of his lands unless he brought his brother bac K to him in ironss. With this, he sent the immature adult male packing for the wood of Arden. Now as Orlando made his manner through the wood, he went about carving verse forms into trees declaring his love for Rosalind. Dressed as Ganymedc, Rosalind found one of the poetries: # 8220 ; Let no face be kept in head but the carnival of Rosalind. # 8221 ; Celia besides happened on one of the verse forms, goodnaturedly teased Rosalind, and revealed that Rosalind # 8217 ; s ain Orlando was the writer. Suddenly, up strode Orlando himself with one of Duke Senior # 8217 ; s work forces. Rosalind # 8211 ; as Ganymede decided to # 8220 ; play the rogue with him # 8221 ; and addressed him # 8220 ; like a saucy lackey. # 8221 ; Eventually, # 8220 ; Ganymede # 8221 ; posed a redress for Oriando # 8217 ; s love: Orlando was to court Ganymede as though he were Rosalind. The # 8220 ; boy # 8221 ; would so run the ploy of emotions with his # 8220 ; suer, # 8221 ; thereby bring arounding him of his passion. The following forenoon # 8220 ; Ganymede # 8221 ; awaited Orlando, but he failed to come. As the cloaked Rosalind confided her wretchedness to Celia, Corin came to denote the attack of Phebe and Silvius. Sure plenty, Silvius appeared, one time more pleading with his shepherdess # 8211 ; # 8220 ; Sweet I # 8217 ; hcbe, do non contemn me # 8221 ; -which merely made Phebe scorn him more. Then Rosalind stepped frontward to call on the carpet them both. But even as # 8220 ; Ganymede # 8221 ; chidcd Phebe for her contempt and scolded Silvius for seting up with it, Phebe was enchanted by # 8220 ; his # 8221 ; beauty. # 8220 ; I had instead hear you chide, # 8221 ; she simpered, # 8220 ; than this adult male woo. # 8221 ; Finally Orlando arrived. # 8220 ; Orlando, where have you been all this while? You a lover? . . . # 8221 ; Rosalind wailed, as if she were a male child miming a lady. Orlando begged her forgiveness, and, at last Rosalind forgave him: # 8220 ; Come, woo me, court me ; for now I am in a vacation wit and like adequate to accept. What would you state to me now, and I were your really really Rosalind? # 8221 ; and they bantered back and Forth until Rosalind maneuvered Orlando into inquiring for her manus in matrimony. Orlando subsequently departed. Soon after, Oliver came upon the male child Ganymede, whose name he recognized. Displaying Oriando # 8217 ; s bloody hankie, Oliver explained his brother # 8217 ; s earlier hold. It seems that while Oliver napped beneath a free, Orlando, go throughing by on his manner to court Ganymede, had come upon his kiping brother in mortal danger from a skulking lioness # 8211 ; and turned back to the deliverance # 8230 ; # 8230 ; Kindness, nobler even than retaliation, And nature, stronger than his merely juncture, made him give conflict to the lioness. # 8221 ; Orlando # 8217 ; s intercession had converted his brother # 8217 ; s hatred into love ; the two were reconciled. At the sight of Orlando # 8217 ; s blood-stained hankie, nevertheless, Rosalind swooned, a most unmanful act. Though she rapidly regained herself # 8211 ; # 8220 ; I pray you tell your brother how good I counterfeited # 8221 ; # 8211 ; Oliver was non fooled. # 8220 ; It was a passion of earnest, # 8221 ; he was certain. When Oliver returned to Orlando, he recounted all that had transpired. He besides confessed his love for Aliena ( Celia ) and swore that Orlando could maintain their male parent # 8217 ; s full estate ; he, Oliver, would now prefer to remain in the wood to # 8220 ; unrecorded and decease a shepherd. # 8221 ; Ganymede so advanced toward Orlando, offering one time more to replace for his darling Rosalind. But Orlando could non play the portion ; his unhappiness was excessively deep. Filled with compassion, Ganymede promised him that on the morrow, by charming art, he would # 8220 ; set [ Rosalind ] before your eyes. # 8221 ; Then up walked Phebe, still in a miff, and still followed by the devoted Silvius. Ganymede one time more chided her: # 8220 ; . . . You are followed by a faithful shepherd: Look upon him, love him ; he worships you. # 8221 ; Phebe, nevertheless, still proclaimed her love for Ganymede. So, Rosalind struck a deal with Phebe: If on the undermentioned twenty-four hours Phebe still wanted to get married Ganymede, they would get married. But if Phebe refused, so she must marry the despised Silvius. Phebe agreed. The following twenty-four hours, as all the suers waited in the wood, Hymen, the goddess of matrimony, entered the glade with Rosalind # 8211 ; dressed eventually as herself. Orlando was thrilled ; Phebe was shocked. # 8220 ; If sight and shape be true, why so, my love adios! # 8221 ; she wailed. Orlando and his Rosalind, Oliver and Celia, Phebe and Silvius # 8211 ; and even Touchstone with Aubrey, a # 8220 ; homely wench # 8221 ; from the wood joined custodies in matrimony as Hymen chirped: Whiles a marriage we sing, Feed yourself with inquiring, That ground admiration may decrease, How therefore we met, and these things coating.