of speech can be defined as the right to express thoughts, ideas, and personal
through a desired media without any restrictions, just so as long as these actions
do not infringe on the rights of another person or national security. However,
the government has no right to control over anyone’s freedom of speech, but I do
believe they have some responsibility to control some embodiments of speech
meaning that we cannot just say whatever we want to say without respect of
others. According to the first amendment which states “Congress shall make no
law respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress
of grievances,” the government cannot control our own personal opinions and
such. The first amendment at first only applied to congress laws passed, but
case Gitlow v. New York changed it to where it also applies to federal and
state governments. How does this affects the rights of the people?
To begin with, when the Founding
Fathers created freedom of speech, they believed that a free society must allow
its citizens to freely express themselves without government interference.
However, through the years exceptions to free speech have arisen. For example,
saying something in public that can potentially start a fight of any sort, or
violent words towards people, and saying things such as “FIRE!” which can lead people
on to something else is what the government can do something about. Using these
types of actions and taking advantage of freedom of speech this way can get you
in trouble. According to the current state of law, there are certain
restrictions on freedom of speech imposed by the Supreme Court. They define a
few categories of speech, which are considered to be not fully protected by the
First Amendment. These categories include defamation, advocacy of imminent
illegal conduct, obscenity and fraudulent misrepresentation. However, if the
speech does not fall within one of these categories, there are no grounds for
the government to argue that freedom of speech should be restricted because of
its harmful content.
spite of this, the question is does the US Government have the right or responsibility
to control speech in America? Yes and
no. Yes as in you can speak freely or say whatever you want to say to embrace
your opinion. That is why the First Amendment guarantees our right to free expression
and free association. Which means that the government does not have the right
to forbid us from saying what we like and writing what we like; we can form
clubs and organizations, and take part in demonstrations and rallies. Freedom
of speech protected by the First Amendment is not just a right, which can be
declared or abolished; Freedom of speech is an essential part of the liberty of
every person, who pursues an individual self-determination and self-realization.
Thus, freedom of speech is also a part more global right to freedom of personal
development and self-expression. Therefore restricting some categories of
speech may make some feel that it does affect our right to freedom of speech.
However, the government has some resposibilty to control it within its range.