The Constitution and Speech Inciting Lawlessness Term Paper by Foxpoint6

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.