Explaining an Ongoing Controversy Regarding the Freedom of Expression - Research Paper Example

Introduction In United States, freedom of speech is protected by the First Amendment to its Constitution and other federal laws and states constitutions, with an exception of defamation, fighting words, and obscenity as well as copyright, privileged communications, and commercial speech among others (Choper, 2008). Recently, there have been major controversies regarding the freedom of speech in terms of government criticisms and advocacy of ideas which are culturally unacceptable such as hate speech, sexism and racism. Additionally, there are exceptions for pornography laws, incitement speech, obscenity, and right to free speech among others. In that regard, this paper aims at explaining an ongoing controversy regarding the freedom of expression and the First Amendment in terms of news media on music and censorship and internet censorship, the argument being whether censorship is essential in maintaining moral standards. It will also identify government and repressive laws and abuses of freedom of expression. Additionally, it will also shed some light on the background of the issue, some opinions about it and a legal case on Madison’s description of press and speech clauses, which was introduced in the House of Representatives. He argued that,” the people shall not be abridged their right to publish their sentiments, write, speak, freedom of the press, which is one of the greatest protection of liberty, shall be unbreakable” The First Amendment claims that the congress shall not make any laws in terms of respecting any religion as well as abridging the freedom of the press or speech; or the right of people to assemble in peace and appeal to the government to rectify grievances. The Supreme Court applied the law in incorporating the principle of the freedom of speech, in which this decision applied the freedom of speech first amendment to federal and state laws. Smith (2008) explains that the First Amendment means that the congress cannot at any point make laws concerning religion, because United States citizens have the freedom and the right to religion, in which they can stand up for what they believe in and, no one can keep them from their belief. Freedom of speech and expression is the most important right of any human being. Each citizen should be able to write, print, speak with the utmost freedom, but shall be held responsible incase he abuses the freedom as defined by law. Unresolved controversy regarding freedom of expression and the First Amendment that has appeared in the news media is about music censorship and internet censorship. Europa Publications Limited (2006) argues that internet censorship has been left unresolved and become a public debate. The argument is whether censorship is essential in maintaining moral standards, in terms of what information should people access. However, there is no answer to this issue, even if it has been confronted once in a while and is being looked at recently. Choper (2008) also adds that, the material put to this debate is large and the internet is only making it grow. This is because; internet has expanded the ability of individuals to acquire information globally. As it expands and grows daily, some new controversies on freedom and censorship arise. For example, pornography and censoring some materials to students has become a big debate. Indeed, press liberty is very important to the nature of a free state. Madison warned the dangers that would arise if the proposed discussions and propositions, of which the judgment would not have been convinced. Freedom of expression is recognized under the human rights article 19 of the Declaration of Universal Human Rights as well as recognized in the human rights international law. It states that everyone has the right to his own opinions without any interference and the right to freedom of speech and expression. Choper (2008) explains that this right includes the freedom to receive, seek, and impart ideas and information of all kinds; making the issue of internet censorship a controversy of the freedom of expression. University of Missouri: Freedom of information Center (1999) claims that censorship has always been an issue and whenever a new technology comes up, the government is always at the front line to regulate or ban it. This is the latest media controversy, where laws have been drafted about the internet. The first law was drafted when nude pictures were sent to war civil troops in 1994 and from that time, laws were quickly passed regarding the sending of any nude, obscene print or pictures through the mail. Another issue about censorship is about books that are being read by high school students. The big debate is about English piece of literature namely, Finn Huckleberry. The main issue is whether it is a correct piece of literature to be discussed in class. Some of the parents think that the book is indecent because of the two nude males on the river together. Moreover, the issue of the internet is mentioned daily on newspaper. Millions of people have access to internet at home and therefore, it has become like a leisure activity. As a result, youngsters have access to the internet at home and therefore, internet use is rapidly expanding. Through it, pornography is being marketed and has found access to a large audience which has become a controversial topic, since it is found via the internet. The government feels that the internet is being abused by allowing unethical pictures and immoral individuals to corrupt the minds of the society. However, the Supreme Court would decide on the above cases in terms of the freedom of speech as amended by U.S constitution documented in the First Amendment, which states that the congress shall not come up with any laws in relation to religion, speech, and press. As explained above, pornography and censorship and freedom of press liberty are explained within the Amendment. The founders of the bill placed the freedom of press and communication at the top ten of the amendments to the constitution. However, every generation has interpreted the first amendments as well as redefined it. Yet freedom of expression is never absolute, and laws that exist are about national security, obscenity, mass communication regulation and access to information on the government. United States faces such challenges of reinstating the traditions of a variety of information and freedom of speech. Free press entails the use of the internet in order to convey the many ideas across the globe (Choper, 2008). As University of Missouri: Freedom of information Center (1999) explains the Supreme Court will not take the right of the first amendment for granted when it comes to deciding on the case. This is because without the freedom of communication, it would be difficult to acquire any information. Therefore, the congress cannot come up with any law that regards the freedom of speech. This explains why the internet censorship and pornography have become controversial and is lying unresolved in law courts. University of Missouri: Freedom of information Center, (1999), claims that, when a Supreme Court comes across such cases it must strike a balance between both interests. For example, in such a case, it will look at both parties the government and people who post information through the internet. Additionally, if an individual is charged with any crime, the judge weighs his interests by balancing his justice, with society interests as the crime counter balance. As a result, the judge will rule in support of one party, meaning that one party will obviously lose. Therefore, in determining where to settle in such a case, the judge will strike the balance between order and liberty, as well as between the society and individual interests. As much as the above explained cases will be ruled in regard to its own merits, the scales are heavily ruled in favor of freedom of expression. Despite the freedom of expression and speech being unlimited, they are the main concern than other interests and rights. Smith (2008) adds that despite the freedom of speech being given a better position because of the merits it receives, the Supreme Court will also apply four strict and specific standards that must be considered before the government limitations on expression and speech is termed as constitutional. The government should only exercise it under extreme circumstances in which it can constitutionally, prevent an individual from expressing and speaking their opinions. By so doing, it will be termed as putting standards and censorship for the government to take up such extreme measures on someone. Because of such cases, the government declares the prior restraint as having irreversible and immediate sanctions. The Supreme Court should rule the appropriate action instead of limiting the freedom of speech that might seem derogatory. Additionally, laws regarding the limiting of freedom of speech must be neutral and therefore, the Supreme Court cannot enact or limit the form of speech or expression without looking at both sides, (University of Missouri: Freedom of information Center, 1999). Smith (2008) also claims that some speech has been limited constitutionally, in terms of information content based on obscene pictures, slander, libel, and harsh words among others. Furthermore, laws which limit the freedom of expression or speech should not at any time be vague, in the sense that they affect speech in general. Therefore, the Supreme Court should not come up with unclear or ambiguous laws on speech. It may choose to limit the information or pictures that express obscene language than the law expects. If in any case, the law makes the freedom of speech becomes unquestionable to the public, the Supreme Court terms these rules as unconstitutional. Lastly, the Supreme Court should come up with a law that does not seem unconstitutional in terms of taking fewer measures on the internet censorship. For example, it can restrict duration and time by which information or pictures can be retrieved from the internet. The topic on internet censorship therefore, poses some questions in terms of distinguishing between unacceptable and acceptable freedom of expression and speech. As much as it gives citizens extraordinary information, in addition to giving them an ability to communicate to anywhere in the world, it has also given rise to controversies on the first amendment. Most obviously, are the many sites that contain violent and pornographic images, where Internet makes this information easily accessible to anyone regardless of age. Choper (2008), asserts that, congress passed a law making it a crime to transmit obscene materials to minors through the internet. The internet therefore, poses challenges and brings a lot of controversies and as a result the issue is unresolved However, in agreement with the appropriateness, merit, and fairness of the supreme ruling regarding the ruling as University of Missouri: Freedom of information Center (1999) claims, some forms of speech and expression are not protected by the first amendment ruling. The Supreme Court therefore, limits its ruling in its exceptions. For example, it does not protect obscene materials, harsh words, and libel among others. Therefore, in terms of coming up with internet censorship, it considers internet as one of freedom of speech, since it is a medium of communication that allows free expression of words and ideas. In ruling over the issues, the Supreme Court defends the freedom of expression in terms of whether or not the materials are obscene or not. This is because; the first amendment states that the government cannot abridge the freedom of expression and speech, in terms of making any law. Conclusion The court does not rely on present and clear danger in determining if the speech and expression limits are based on the constitution or not. Internet censorship therefore, poses some questions in terms of distinguishing between unacceptable and acceptable freedom of expression and speech. In the ruling of the case, laws regarding the limiting of freedom of speech must be neutral and therefore, the Supreme Court cannot enact or limit any form of speech or expression without looking at both sides. Additionally, Laws which limit the freedom of expression or speech should not at any time be vague, in the sense that they affect the freedom of speech and expression in general. References Choper.S, (2008), First Amendment 2008 cases, Comments & Questions. New York: Routledge Europa Publications Limited (2006), Eastern Europe, Russia and Central Asia. Michigan: Europa Publications Limited Freedom of expression--speech and press : Adoption and the Common Law Background . Retrieved from: http://caselaw.lp.findlaw.com/data/constitution/amendment01/06.html University of Missouri: Freedom of information Center, (1999), freedom of Information Center report. Columbia: Journal, magazine: Government publication: English. Smith, (2008), First Amendment: the right of expression. Edina,MN : ABDO Pub. Co University of Missouri Freedom of Information Center (1994), Freedom of Information Center report, Issues 318-396. Missouri: School of Journalism. Read More