KEY POINTS
The First Amendment states, in relevant part, that “Congress shall make no law...abridging freedom of speech.” (What does Free Speech mean?,2017) Freedom of speech includes the right not to speak specifically, the right not to salute the flag. West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943) Or when students wore black armbands to school to protest the Vietnam War. “Students do not shed their constitutional rights at the schoolhouse gate.”. Tinker v. Des Moines, 393 U.S. 503 (1969). The right to use certain offensive words and phrases to convey political messages Cohen v. California, 403 U.S. 15 (1971), to contribute money (under certain circumstances) to political campaigns. Buckley v. Valeo, 424 U.S. 1 (1976), to advertise commercial products and professional services (with some restrictions). Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977), and to engage in symbolic speech, (e.g., burning the flag in protest). Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990). Freedom of speech is also essential for maintenance of democracy and the effective participation in it. It’s also crucial for the pursuit of the truth since free speech exposes and corrects prejudices and misconceptions. Speakers and protesters use freedom of speech to express beliefs in one self or their ideas. It also gives them a chance to interchange thoughts with one another. Even though there's no actual law to stop freedom of speech it may be legally restrained where its exercise constitutes a clear danger to the nation's security. Dennis et al v. United states (1951)
However, the freedom of speech does not entail, the ability to incite actions that would harm others (e.g., “[S]hout[ing] ‘fire’ in a crowded theater.”). Schenck v. United States, 249 U.S. 47 (1919), to make or distribute obscene materials. Roth v. United States, 354 U.S. 476 (1957), to burn draft cards as an anti-war protest. United States v. O’Brien, 391 U.S. 367 (1968), to permit students to print articles in a school newspaper over the objections of the school administration. Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), students to make an obscene speech at a school-sponsored event. Bethel School District #43 v. Fraser, 478 U.S. 675 (1986), students to advocate illegal drug use at a school-sponsored event. Morse v. Frederick, __ U.S. __ (2007).
Cyber bullying is one of the problems that happens due to free speech. Electronically communicating to intimidate or threaten another is what it is. According to “stopbullying.gov”, cyberbullying is known as bullying that takes place using electronic technology. Electronic technology includes devices and equipment such as cell phones, computers, and tablets as well as communication tools including social media sites, text messages, chat, and websites (What is Cyberbullying, 2017). Cyberbullying can take the form of intimidating someone through free speech, as there is no “filter” to what is being said/typed. There is a Cyberbullying law that prohibits “ intentional and specific” conduct, not the content or ideas expressed in online statements. The Cyber-bullying law doesn’t limit freedom of speech and not all type of speech is protected by the first amendment meaning the law burdens free speech under certain circumstances. Since both freedom of speech and cyberbullying play a big part in today’s world, a lot of teens have committed suicide or have killed others because of users using profanity or expressing themselves while harassing the person on the other side of the screen and can trigger a person since it might be offensive to them. Even if the so call users don’t “type” they can respond by video messages or audio recordings and that’s another form they can use their freedom of speech.
Verbal abuse is another problem that people with the right of free speech take advantage of. And it is the intention to hurt another with one’s words. The effects of verbal abuse on children, women and men follow the same general principle: verbal abuse causes people to feel fear (Holly, 2016). Verbally abusive statements or comments often play on the victim's emotions, which leads to the victim feeling misunderstood, unimportant and afraid. Free speech may encourage people to verbally abuse their opposing rival, in hope of gaining an advantage over an argument.
However, the freedom of speech does not entail, the ability to incite actions that would harm others (e.g., “[S]hout[ing] ‘fire’ in a crowded theater.”). Schenck v. United States, 249 U.S. 47 (1919), to make or distribute obscene materials. Roth v. United States, 354 U.S. 476 (1957), to burn draft cards as an anti-war protest. United States v. O’Brien, 391 U.S. 367 (1968), to permit students to print articles in a school newspaper over the objections of the school administration. Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), students to make an obscene speech at a school-sponsored event. Bethel School District #43 v. Fraser, 478 U.S. 675 (1986), students to advocate illegal drug use at a school-sponsored event. Morse v. Frederick, __ U.S. __ (2007).
Cyber bullying is one of the problems that happens due to free speech. Electronically communicating to intimidate or threaten another is what it is. According to “stopbullying.gov”, cyberbullying is known as bullying that takes place using electronic technology. Electronic technology includes devices and equipment such as cell phones, computers, and tablets as well as communication tools including social media sites, text messages, chat, and websites (What is Cyberbullying, 2017). Cyberbullying can take the form of intimidating someone through free speech, as there is no “filter” to what is being said/typed. There is a Cyberbullying law that prohibits “ intentional and specific” conduct, not the content or ideas expressed in online statements. The Cyber-bullying law doesn’t limit freedom of speech and not all type of speech is protected by the first amendment meaning the law burdens free speech under certain circumstances. Since both freedom of speech and cyberbullying play a big part in today’s world, a lot of teens have committed suicide or have killed others because of users using profanity or expressing themselves while harassing the person on the other side of the screen and can trigger a person since it might be offensive to them. Even if the so call users don’t “type” they can respond by video messages or audio recordings and that’s another form they can use their freedom of speech.
Verbal abuse is another problem that people with the right of free speech take advantage of. And it is the intention to hurt another with one’s words. The effects of verbal abuse on children, women and men follow the same general principle: verbal abuse causes people to feel fear (Holly, 2016). Verbally abusive statements or comments often play on the victim's emotions, which leads to the victim feeling misunderstood, unimportant and afraid. Free speech may encourage people to verbally abuse their opposing rival, in hope of gaining an advantage over an argument.
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