Use Of Speech By The Federal Government - 1563 Words

The tests used by the federal government used to determine if certain types of speech can be censored or banned are as follows. The clear and present danger test which is a test where the government can restrict speech if there is evidence that the speech will cause a clear and present dangerous condition to the public(BardesShelley, 2014, p.122). Direct incitement test protects the advocacy of illegal action under the First Amendment unless imminent action is likely to happen. For Instance, it can apply to the Supreme Court case Brandenburg v. Ohio when a KKK leader’s conviction was overturned (BardesShelley, 2014, p.123). Bad Tendency test is when speech has a tendency to induce to induce illegal behavior (Notes). As defined in the Gitlow case when a left wing group was convicted of publishing a pamphlet that urged a violent overthrow of U.S. government (BardesShelley, 2014, p.123). The Test Defamation of character, or Libel is ruining an individual’s good name in whi ch the law bans individuals from making false, defamatory statements about others this includes slander (BardesShelley, 2014, p.124). I personally believe the press, entertainers and public have been, and are within the right of the First Amendment right, freedom of speech. Some of the information you hear in the media is not always beneficial for example, some new channels or people side with groups that provide only what they want you to hear, and not always the full story. Sometimes media is regulated,Show MoreRelatedMgmt 330 Mid Term Study Guide966 Words   |  4 Pages†¢ Constitutional Speech (Personal and Corporate) * (personal); afforded highest protection by the Courts. Balance must be struck between a government’s obligation to protect its citizens versus a citizen’s right to speech. In other words, if government suppresses speech it must be to protect the citizens. EX. Don’t yell fire in a crowded area. See below. * If restriction is content neutral, restrictions must target some societal problem – not to primarily suppress the message. Read MoreFreedom of Speech1252 Words   |  5 Pagesthe freedom of speech. At what point does one’s words, written or spoken, become inappropriate? Should Americans be held accountable for the things that they might say or write? Should there be consequences for publishing or broadcasting information that is not correct? How are Americans suppose to differentiate what should and should not be deemed common knowledge, or privileged information? These issues are an important aspect of being American. When examining freedom of speech, Americans shouldRead MoreFreedom Of Speech : Positive And Negative Impact On The World1251 Words   |  6 PagesFreedom of speech had a link of positive impacts to the world. One positive impact would be the citizens questioning the government about their personal interests and opinion on free speech. This means that before freedom of speech was questioned, many citizens did not have a voice. The government was not concerned with increasing indiv idual’s voices based on personal opinions and beliefs. When citizens began to question the government, the government had not one motive behind not giving individualsRead MoreHow Apple Has Satisfied The Warrant Issued By The Government Side With Smith V. Maryland Essay1319 Words   |  6 Pagessatisfied the warrant issued by the government to the best of their ability. There is an implied social contract between citizens of the United States that living in a liberal democracy; one must give up some freedoms for the public safety of all. However, the FBI is asking for the exact opposite from Apple by asking them to give up the freedom of one iPhone that can potentially harm the freedom of millions of iPhones. The magistrate on behalf of the federal government issued a warrant on Apple to giveRead MoreSpeech On Freedom Of Speech1147 Words   |  5 Pages Freedom of speech serves to be a fundamental democratic right that affords every citizen participation in The United States constitutional democracy. It is a vital tool because it can be utilized by every person, rich, poor, black or white to voice their concerns and rejections of the federal or state government in hopes to bring about change. In addition, the first amendment allows for the free exchange of ideas, as it creates the moral imperative to challenge and oppose hateful ideas and celebrateRead MoreAnalysis Of A Time For Choosing By Ronald Reagan1327 Words   |  6 Pagesnational office, the former actor gave a speech in support of a doomed presidential candidate, Senator Barry Goldwater. This speech had little effect on 1964 presidential election. However, the â€Å"A Time for Choosing† speech established Ronald Reagan as the future of the conservative movement, and outlined his view of what America should be. â€Å"A Time for Choosing† fastened Reaganâ⠂¬â„¢s conservatism in the minds of both Republicans and Americans. This speech propelled Reagan to win the California governor’sRead MoreThe First Amendment Of The United States Constitution1090 Words   |  5 Pagesexpression from government interference. Freedom of expression consists of the rights to freedom of speech, press, assembly, the right to make a complaint or seek assistance from your government, and the rights to join or leave groups as we choose. The most basic part of freedom of expression is the right of freedom of speech. The right to freedom of speech allows us to be able to express ourselves without the worry of government control. The court system even requires that the government provide sufficientRead MoreFederal Elections Committee Vs. United States1389 Words   |  6 PagesCarly Stevens Sara Angevine American Government 10 May 2016 Federal Elections Committee versus Citizens United The increasingly popular organization, Citizens United, is focused on circumscribing government in order to decentralize power and place it in the hands of the people (â€Å"Who-We-Are†). Their firm beliefs are rooted in the ideas that the founding fathers had for this country based on values such as common sense, good will, and honesty (â€Å"Who-We-Are). Citizens United Productions, or (CUP) isRead MoreThe Civil Rights Of The United States891 Words   |  4 Pagesfreedoms such as religion, speech, press, assembly and petition. In the 2010 case between Salazar and Buono, the First Amendment was put on trial in the Supreme Court Justice. The Supreme Court examined whether a religious cross, meant to honor World War I Veterans, violated the Establishment Clause in the First Amendment. Frank Buono, a former preserve employee, filed the lawsuit to get rid of the religious cross in the reserve permanently, stating that it was built on federal land thus creating a senseRead MoreA merican Flag And Draft Card Burning1190 Words   |  5 Pagesthe First and Fourteenth Amendment by making it illegal to display red flags that suggested support of organizations that dissented organized government or favored anarchic action (Communism). This case was a significant landmark in constitutional law because of the Court’s use of the Fourteenth Amendment to protect a First Amendment right, symbolic speech, from state infringement. It impacted American society in a positive way because it expanded the freedoms in the First amendment and created the