Freedom of Speech

Started by thaikhan, Yesterday at 07:12 PM

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thaikhan

Is free speech truly free if it can be limited by your government?

HighStepper

#1
The First Amendment states, in relevant part, that:  "Congress shall make no law...abridging 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).

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).
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Quote from: thaikhan on Yesterday at 07:12 PMIs free speech truly free if it can be limited by your government?
You can see by the above court cases how it has been determined what is covered and not covered under free speech. So, your question as posed needs a little more context. What specifically is the issue of your concern.

Free Speech - Criminalized Listening
https://youtu.be/SE34T_xYhx0?t=46
Too much sex is still not enough.