preview

Policy Proposal: Restriction to Freedom of Speech Clause

Decent Essays

Policy Proposal Restriction to Freedom of Speech Clause The Restriction to Freedom of Speech Clause would add the following to exceptions that are allowed to speech and expression under the First Amendment (see boldface text). Restrictions on freedom of speech are currently permitted to be imposed on Speech that incites illegal or subversive activity Fighting words Symbolic expression Commercial speech Freedom of expression in public schools Obscenity and pornography Regulation of the Internet Artistic expression that may contain misleading or deceptive information Rationale: Exceptions to the freedom of speech in the United States are limitations that have been imposed on the First Amendment's guarantee of free speech and expression, as is defined by the United States Supreme Court and the Bill of Rights of the United States Constitution. Exceptions of the freedom of speech are determined based on the type of speech and expression under different and specific contexts. The United States Supreme Court has determined that the First Amendment does not provide protection to obscenity, child pornography, or speech that advocates "the use of force or of law violation." Exceptions to freedom of speech under the First Amendment should extend beyond political and artistic speech. Courts have held that potentially misleading commercial speech should be monitored through government regulation. Courts have found that there is diminished protection for

Get Access