Free Speech Presentation
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Free Speech Presantation
Americans believe in free speech in theory, but not always in practice. Many would like to see controversy limited, and the Bill of Rights tailored to the times and the occasion. (Ersinke, 1970).Controversies in Media is common scenarios that we encounter in our day to day lives. Hate speech, insecurity issues and freedom of speech and expression are but some of the factors that have led to media being juxtaposition and this have eventually violated free speech. One of the most common controversies was in the wake of 1990s in Westboro church based in Kansas City.
The church is known for picketing military funerals in a bid to convey the belief that tragedies such as those involving military deaths are as a result of homosexuality. In this incidence, the funeral of one of the military soldiers was a not exception as the church was faced with many protests from the family. The family of the soldier had to sue the church because of the emotional stress and the encounters they faced during the funeral. Phrases such as “God hates fags” and “Thank God for dead soldiers” could be seen all over the place during the funeral ceremony. This threshold got an overwhelming reaction from all sides, and this called for action against the Church due to the horrible remarks.
Westboro church argued that it was a matter of freedom of speech in practice as it was protected by the first amendment-the freedom of speech that protected everything the church was up to since 1991.
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The church had been pushing boundaries of the first amendment ever since. The first amendment, however, bars the government from controlling communication of information.(Volokh,2000)The lower appellate court had held the first amendment that it did not protect this speech, In addition, the verdict was overturned in favor of the family. Chief Justice Robert argued that the issue before the court was whether the speech or message was a matter of public or private concern.
If at all the matter was a public concern it has a special protection in the first amendment because it reflects the national commitment to increase and to widen the debate on ideas. Preliminary injunctions against libel, obscenity, and other kinds of speech are considered unconstitutional prior restraints. (Lemley, 1998)
REFERENCES
Lemsey,(1998). Freedom of speech and expression.Newyork publishers. .New York.Volokh(2000). Changing Nature speech intermediation of 2007-2009.Diane publishing. Ersinke, (1970).American free speech and Bill of Rights. Oxford publishers press. Newyork
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