This paper examines how the Supreme Court would decide whether speech is constitutionally protected if it imminently advocates illegal activity.
Written in 1999; 1,980 words; 18 sources; MLA; $ 62.95
Paper Summary:
This paper discusses the issue of freedom of expression, which has required legal interpretation of our constitutional rights and reexamination of the First Amendment in our courts. The writer notes that there are three types of speech: 1) constitutionally protected speech, 2) speech given intermediate protection and 3) fully protected speech, and cites some Supreme Court cases such as Brandenburg v. Ohio (395 U.S. 444 (1969)) which drew the line where free speech ends and unprotected speech begins. Movies that depict violence have already been shown to incite viewers to illegal acts. Rap and heavy metal music are still afforded protection under the First Amendment, but are now under scrutiny as to whether they merit that protection, and the writer quotes several song lyrics which contain words that spur children and adults to lawless acts. The writer concludes that research shows that courts will decide that any speech directly advocating a particular audience to act upon some illegal activity will not be protected under the First Amendment.
From the Paper:
"The first instances in our country's history of challenges to the First Amendment came in the year 1798, when we were on the verge of war with France and during the early days of the abolition movement. In fact, colonial America did not particularly cherish the concept of freedom of expression. According to Leonard Levy in Freedom of Speech and Press in Early American History, "The American people did not understand that freedom of thought and expression means equal freedom for the other fellow, especially the one with hated ideas." In this respect, the more things change, the more they stay the same. For even now, most controversy over freedom of speech occurs when people differ over which things are considered worthy of being protected."
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