Post by Sheila on Mar 13, 2024 15:44:52 GMT -5
Amendment one states, "Congress shall make no law . . . abridging freedom of speech, or of the press". "Abridge" is defined as "to reduce or lessen a right or privilege". So Amendment 1 means the government can't take away a person's right to voice their opinion or beliefs even if the government disagrees with the person's point of view. However, citizens should realize there are limits to what can be said, whether oral or written. Below are listed the types of speech that are not protected by this amendment:
- Fraud. This is wrongful deception intended to result in financial or personal gain. Using another person's personal information to get a loan, falsifying income in order to receive welfare, and the many email scams about free money to get access to someone's bank account are all examples of financial fraud. Using another person's resume to get a job and practicing law without a license falls under personal gains through fraud. Almost any type of fraud is easy to prove in a court of law.
- Defamation, libel, slander - These are all forms of speech that are false statements made to intentionally harm another person's reputation or the reputation of businesses or organizations. Information that falls under this category is often spread quickly through the media, social networks, etc. It's hard to stop before it spreads. These things can be censored or the the court may put a temporary ban on a person being able to say any more until it is proven in a court of law that the person was defamed, libeled, or slandered. If the information is judged to be true, the government can't ban the circulation of the information.
- Child pornography is illegal and doesn't fall under the freedom of speech or the press because it harms children.
- Incitement. Any words, photographs, or other material can be restricted if it is determined that those things may cause death, bodily harm, damage or destruction to property, or panic. Most people have heard the statement made about not being free to yell "FIRE" in a crowded theater (unless of course the theater is really on fire). The mass panic this causes can and often does lead to people being injured or killed because of the rush to leave the theater. Although the government doesn't agree with what some groups say, not all of that group's speech can be deemed illegal. For example, the KKK has the right to say a group should be sent "back where they came from"; however, the right can be revoked when it comes to statements about lynching people within that group. During a protest people can speak out for or against anything or anyone. What they aren't free to say is anything that leads to riots, vandalism, etc.
- Hate speech. Calling someone a bad name is not hate speech. Disagreeing with them because of their chosen life-style is not hate speech. Hate speech is speech that may lead to the harm of people or property belonging to a particular group of people. See the example about the KKK above.
Freedom of speech of individuals or groups is fairly easy to understand. Abridging the freedom of the press may not be easily interpreted. The exceptions above also apply to the press in such forms as newspapers and magazines. The amendment and the exceptions also apply to technical press reports relayed through web sites and podcasts. A single reporter has the same rights as other individuals and can be sued or jailed for reporting what falls under one of the exceptions. The entire media site or print company/organization can be shut down if it knowingly allows one or more reporter to break the law. However, Amendment 1 prevents the government from closing down any media outlet for no other reason than the government disagrees with what's being said or written.
The problem with classifying speech as fraud, defamation, hate speech, and so on is why it becomes classified as one of the exceptions. Often this is done by the government so only their opinions or agendas are made known. To apply any of exceptions to any speech or opinion simply because someone disagrees with the statement or finds it offensive is not acceptable. Neither of these were ever the intent of this part of the amendment.
Copyright © 2024 by Sheila Rae Myers
- Fraud. This is wrongful deception intended to result in financial or personal gain. Using another person's personal information to get a loan, falsifying income in order to receive welfare, and the many email scams about free money to get access to someone's bank account are all examples of financial fraud. Using another person's resume to get a job and practicing law without a license falls under personal gains through fraud. Almost any type of fraud is easy to prove in a court of law.
- Defamation, libel, slander - These are all forms of speech that are false statements made to intentionally harm another person's reputation or the reputation of businesses or organizations. Information that falls under this category is often spread quickly through the media, social networks, etc. It's hard to stop before it spreads. These things can be censored or the the court may put a temporary ban on a person being able to say any more until it is proven in a court of law that the person was defamed, libeled, or slandered. If the information is judged to be true, the government can't ban the circulation of the information.
- Child pornography is illegal and doesn't fall under the freedom of speech or the press because it harms children.
- Incitement. Any words, photographs, or other material can be restricted if it is determined that those things may cause death, bodily harm, damage or destruction to property, or panic. Most people have heard the statement made about not being free to yell "FIRE" in a crowded theater (unless of course the theater is really on fire). The mass panic this causes can and often does lead to people being injured or killed because of the rush to leave the theater. Although the government doesn't agree with what some groups say, not all of that group's speech can be deemed illegal. For example, the KKK has the right to say a group should be sent "back where they came from"; however, the right can be revoked when it comes to statements about lynching people within that group. During a protest people can speak out for or against anything or anyone. What they aren't free to say is anything that leads to riots, vandalism, etc.
- Hate speech. Calling someone a bad name is not hate speech. Disagreeing with them because of their chosen life-style is not hate speech. Hate speech is speech that may lead to the harm of people or property belonging to a particular group of people. See the example about the KKK above.
Freedom of speech of individuals or groups is fairly easy to understand. Abridging the freedom of the press may not be easily interpreted. The exceptions above also apply to the press in such forms as newspapers and magazines. The amendment and the exceptions also apply to technical press reports relayed through web sites and podcasts. A single reporter has the same rights as other individuals and can be sued or jailed for reporting what falls under one of the exceptions. The entire media site or print company/organization can be shut down if it knowingly allows one or more reporter to break the law. However, Amendment 1 prevents the government from closing down any media outlet for no other reason than the government disagrees with what's being said or written.
The problem with classifying speech as fraud, defamation, hate speech, and so on is why it becomes classified as one of the exceptions. Often this is done by the government so only their opinions or agendas are made known. To apply any of exceptions to any speech or opinion simply because someone disagrees with the statement or finds it offensive is not acceptable. Neither of these were ever the intent of this part of the amendment.
Copyright © 2024 by Sheila Rae Myers