The First Amendment and Free Speech

Paper Summary:

The paper discusses how while the First Amendment of the United States Constitution was implemented in order to protect the freedom of speech of individuals in the United States, it is open to interpretation and creating many discrepancies in its application and interpretation. The paper goes on to show how this freedom of speech has been used to justify and legalize hate speech since it is unclear where the boundaries between freedom of speech and hate speech lies. The paper looks at several Supreme Court cases and contends that the Supreme Court needs to set a better example for the public by being consistent with its rulings and clarifying this Amendment.

From the Paper:

"Since this Amendment is open to interpretation, however, there are often many discrepancies involved with it. For example, there have been cases where this freedom has been used to justify and legalize hate speech. Hate speech occurs when an individual or group speaks out against another individual or group because of differences in culture, race, sexual orientation, gender, or religion, but freedom of speech will protect the individual's rights to make these statements many times. There have been countless court cases where people have been freed from jail because they argue that their actions are merely exercising the First Amendment and, therefore, are protected under the Constitution of the United States. This includes things like flag burning and race driven marches that most people would find offensive in society."

Sample of Sources Used:

• "About The First Amendment". First Amendment Center. retrieved 14 November 2006. http://www.firstamendmentcenter.org/about.aspx?item=about_firstamd
• Abrams, Floyd. (2005). Speaking Freely: Trials of the First Amendment. New York. Penguin House.
• Barron, Jerome A and Dienes, Thomas C. (1993) First Amendment Law in a Nutshell: Constitutional Law. St. Paul, MN. West Publishing CO.
• Cohn, Avern L. and Anderson, Bryan J. (2006) "Ten Commandments, Other Displays & Mottos". First Amendment Center. retrieved 14 November 2006. http://www.firstamendmentcenter.org//rel_liberty/establishment/topic.aspx?topic=public_displays
• "Establishment Clause". First Amendment Center. retrieved 14 November 2006. http://www.fac.org/rel_liberty/establishment/index.aspx

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