Freedom of Speech and Democracy Research Paper by writingsensation

Freedom of Speech and Democracy
A discussion of the first amendment of the U.S. Constitution and its restrictions.
# 75544 | 2,982 words | 6 sources | MLA | 2006 | US
Published on Dec 15, 2006 in Law (Constitution) , Hot Topics (Censorship)

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The paper discusses how, even though Congress may abridge the freedom of speech in cases of clear and present danger, there are, in reality, few restrictions allowed on freedom of speech in the US, thus making freedom of speech one of the cornerstones of America's democratic process. The paper describes how "clear and present danger" has been the term used by the United States Supreme Court in a number of rulings that have set limits to free speech, the term "clear and present danger" is defined as an obvious and immediate threat to national security created by someone's speech. The paper explains how that speech can therefore be restricted or even prohibited. The paper concludes with other forms of speech that the Court has ruled against such as hate speech and libel/slander.

From the Paper:

"Yet the phrase "freedom of speech" is somewhat vague in nature. Certainly, one would assume that it means that all types of speech are allowed at any time, but this is not the case. When one says "freedom of speech", one needs to ask, what kind of speech, said to whom and where and when. The Supreme Court of the United States has ruled in several high-profile cases over the centuries that freedom of speech is not absolute."

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"Freedom of Speech and Democracy" 15 December 2006. Web. 21 April. 2024. <>