The First Amendment of the United States Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridge 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. Does this mean that free speech cannot be prohibited in any way? Are there reasonable arguments for limiting speech? In this article, these questions will be examined along with a discussion of the origin of the fundamental right to free speech. Today, society or government can attempt to regulate speech, but they cannot prevent it if a person falls within the parameters of his or her constitutional rights. For centuries, civilizations have struggled to decide what the morally acceptable word is and have tried to place restrictions on what is morally acceptable. is considered inappropriate material. The United States is no exception in facing this type of dilemma. In the book Civil Rights and Liberties in the 21st Century, author John C. Domino details several issues surrounding the First Amendment's guarantee of free expression. Domino's first point concerns subversive political discourse, which refers to the doctrine of clear and present danger. The doctrine arises from a Supreme Court ruling, Schenck v. United States, 249 US 47 (1919), which established a test to permit government restrictions on political expression (Domino 30-31). Justice Oliver Wendell Holmes wrote the test of the four conditions that must be met to limit an individual's free speech; they are the person's intention, the severity of the evil, the proximity of the danger, and the circumstances surrounding the words (33). Therefore, there is... half of the document... t Amendment of the Constitution. They believed that free speech was not a privilege but a natural right granted to all people. This truth is still true today; free speech should allow anyone to express an opinion without interference or censorship from the government, unless there is substantial justification. The Supreme Court has recognized cases in which some speech may require restrictions, but not because they deem it offensive, irresponsible, or immoral. Freedom of expression is vital to a free society. It enables equality when information, ideas and other points of view are allowed while affirming the dignity and self-worth of every human being. Works Cited Domino, John C. Civil Rights and Liberties in the 21st Century. 3rd ed. Longman, 2010. Print.Rakove, Jack N. Bill of Rights: A Brief History with Documents. Boston: Bedford Books, 1998. Print.
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