Two Amendments with Regard to the Freedom of Speech - Essay Example

James Madison, who originally drafted the First Amendment, proposed two amendments to the freedom of speech.

This was done with the view that protecting the freedom of speech could help to uphold certain values such as truth, to involve ordinary citizens in political decision-making, to strengthen the community, the self-fulfillment of the individual, help check abuse of governmental power, promote tolerance, and create a more robust community (Introduction to the Free Speech Clause).

The Supreme Court has been more protective of political speech compared to other commercial speeches. For example, the first amendment does not give rights to individuals to lie about other people (First Amendment: Speech). The expression of artists and the use of symbolism are also protected under the first amendment (Camp, 2005). However, the first amendment provides protection only to a lesser extent to commercial speech, defamation, speech that would be harmful to children, those broadcast on radio and television, and speech given by public employees. On the other hand, the freedom of speech offers no or limited protection to obscenity, child pornography, speech that advocates the use of force or law violation or causes panic, true threats like fighting words, sedition, blackmail, perjury, and those which solicit to commit crimes (Camp, 2005; Cohen, 2008).

In addition to having its reservations in protecting speeches, the first amendment has incorporated time, place, and manner restrictions to speeches that enjoy very elaborate protection under the first amendment. These would be upheld if the speeches are not sufficiently justifiable, are tailored in a way to suit governmental interest, or do not leave open other alternative channels of communication. While music is acknowledged as a form of communication and expression, which enjoys complete protection under the amendment, the Court has placed volume restrictions on outdoor music. The amendment also provides rights to a city to place “zoning restrictions on adult theatres and bookstores”, despite them being fully protected by the amendment, if the goal is to prevent crime and to maintain property values in the area concerned.  In cases when the Court issues an injunction a more stringent application of the first amendment principles would be required. Such an injunction was upheld in a case that involved a Women’s Health Center. The injunction was ordered for the establishment of a buffer zone and against noise pollution during particular hours outside the health clinic. There are also certain incidental restrictions on some speeches which would generally not suffer any restrictions. For instance, camping in certain Washington parks was subject to prohibition as it was aimed to speak on the plight of homeless people. Similar restrictions were placed concerning prohibiting public nudity. While the above cases have shown some clarity on the protections laid for the freedom of speech and expression, the internet is been viewed as a major challenge for the first amendment due to the difficulty in discriminating between acceptable and unacceptable forms of speech and expression. Due to this fact, the Court makes decisions based on each case about the kind of material that can be legally published on the Internet (Cohen, 2008). Read More