Freedom of Speech and the Constitution
Aug 12, 2023 12:14:51 GMT -5
Post by Radrook Admin on Aug 12, 2023 12:14:51 GMT -5
Freedom of Speech and the Constitution
Amdt1.2.12.2.2 Symbolic Speech: Current Doctrine
First Amendment:
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.
Amdt1.2.12.2.2 Symbolic Speech: Current Doctrine
First Amendment:
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.
The reason that I am taking interest in this subject is because there are Americans who feel that they have a right to attack other Americans physically when those other Americans use the N-word.
Well, I found that the use of the N-word can indeed be considered illegal if it is employed to create a hostile work environment via harassment. In such a case, the culprit may be taken to a court of law and be sued for damages.
www.findlaw.com/legalblogs/law-and-life/is-saying-the-n-word-at-work-illegal/
However, what I did not find in all the articles I reviewed was any legal authority provided to any citizen to physically attack any person who uses the N-word or any other racist word, such as Spic, Wop, Hymie, etc.
In short, those who react in that violent manner, are considered to be involved in criminal behavior, and will consequently draw the undivided attention of law enforcement agencies which take such matters very seriously. This can lead to imprisonment involving years behind bars depending on the severity of the beating that was administered.
Below I posted the limits that are placed on the USA citizen's freedom of speech.
Well, I found that the use of the N-word can indeed be considered illegal if it is employed to create a hostile work environment via harassment. In such a case, the culprit may be taken to a court of law and be sued for damages.
www.findlaw.com/legalblogs/law-and-life/is-saying-the-n-word-at-work-illegal/
However, what I did not find in all the articles I reviewed was any legal authority provided to any citizen to physically attack any person who uses the N-word or any other racist word, such as Spic, Wop, Hymie, etc.
In short, those who react in that violent manner, are considered to be involved in criminal behavior, and will consequently draw the undivided attention of law enforcement agencies which take such matters very seriously. This can lead to imprisonment involving years behind bars depending on the severity of the beating that was administered.
Below I posted the limits that are placed on the USA citizen's freedom of speech.
Freedom of Speech Constitution
Although the United States Constitution guarantees freedom to express opinions, there are certain limits. These limits are enumerated below:
1. Obscene material such as child pornography
2. Plagiarism of copyrighted material
3. Defamation (libel and slander)
4. True threats
Speech inciting illegal actions or soliciting others to commit crimes aren’t protected under the First Amendment, either
www.history.com/topics/united-states-constitution/freedom-of-speech
2. Plagiarism of copyrighted material
3. Defamation (libel and slander)
4. True threats
Speech inciting illegal actions or soliciting others to commit crimes aren’t protected under the First Amendment, either
www.history.com/topics/united-states-constitution/freedom-of-speech
Freedom of speech includes the right:
Not to speak (specifically, the right not to salute the flag).
West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).
Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
Tinker v. Des Moines, 393 U.S. 503 (1969).
To use certain offensive words and phrases to convey political messages.
Cohen v. California, 403 U.S. 15 (1971).
To contribute money (under certain circumstances) to political campaigns.
Buckley v. Valeo, 424 U.S. 1 (1976).
To advertise commercial products and professional services (with some restrictions).
Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).
To engage in symbolic speech, (e.g., burning the flag in protest).
Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).
West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).
Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
Tinker v. Des Moines, 393 U.S. 503 (1969).
To use certain offensive words and phrases to convey political messages.
Cohen v. California, 403 U.S. 15 (1971).
To contribute money (under certain circumstances) to political campaigns.
Buckley v. Valeo, 424 U.S. 1 (1976).
To advertise commercial products and professional services (with some restrictions).
Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).
To engage in symbolic speech, (e.g., burning the flag in protest).
Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).
Freedom of speech does not include the right:
To incite imminent lawless action.
Brandenburg v. Ohio, 395 U.S. 444 (1969).
To make or distribute obscene materials.
Roth v. United States, 354 U.S. 476 (1957).
To burn draft cards as an anti-war protest.
United States v. O’Brien, 391 U.S. 367 (1968).
To permit students to print articles in a school newspaper over the objections of the school administration.
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Of students to make an obscene speech at a school-sponsored event.
Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).
Of students to advocate illegal drug use at a school-sponsored event.
Morse v. Frederick, __ U.S. __ (2007).
www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does
To incite imminent lawless action.
Brandenburg v. Ohio, 395 U.S. 444 (1969).
To make or distribute obscene materials.
Roth v. United States, 354 U.S. 476 (1957).
To burn draft cards as an anti-war protest.
United States v. O’Brien, 391 U.S. 367 (1968).
To permit students to print articles in a school newspaper over the objections of the school administration.
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Of students to make an obscene speech at a school-sponsored event.
Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).
Of students to advocate illegal drug use at a school-sponsored event.
Morse v. Frederick, __ U.S. __ (2007).
www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does