1st Amendment – Free Speech
About
4/30/2015
This lecture focused on the concept of Free Speech, how it was intended in the Constitution, and how it has been interpreted since then.
The Federalists passed the Alien Sedition Acts in 1798 with the intention of restricting free speech by making it illegal to speak out against the government. This is the first major challenge to the First Amendment right of freedom of speech.
Many worldviews interpret the concept of freedom of speech differently. The second paradigm reactionary worldview would like to restrict freedom of speech while the sixth paradigm progressive worldview would place no restrictions on speech. Thus, the moderate or utilitarian fourth paradigm worldview is tasked with crafting intellectual devices to balance the sixth the second paradigm worldviews, often leading to overly broad or vague legislation.
Some ways in which absolute freedom of speech has been restricted are:
- Speech that induces unlawful conduct on the part of others can be prohibited.
- Freedom of speech can be restricted when it interferes with a court decision.
- If there is expression that provokes hostile action on the part of audience, it is prohibited.
Readings:
- Michael McGough, Post-Gazette National Bureau, Supreme Court nomination battle spotlights legal societies and their divergent views — http://old.post-gazette.com/pg/05226/553199-84.stm
- ACS v. Federalists http://www.acslaw.org/files/ACS_Nation_art_B.pdf