Running head: Freedom of Speech and Press

Freedom of Speech and Press

Jarell Hallmon

North Carolina Agricultural and Technical State University

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Abstract

This paper is about freedom of speech and the press. In the researching process, the

topics covered will be as follows; what is the first amendment, what is free speech in

terms of today, and all the different laws and principles to go along with it will be

discussed. Throughout the research will be examples to better support the meaning of

each principle being discussed. Furthermore, one will be given a better understanding

of the way the first amendment works and what may or may not come with it.

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Freedom of speech and the press is given to all Americans when they are brought into

the world. One’s rights may differ or be subject to change after an incarceration or

anything of the nature that can infringe on one’s freedom. The law of freedom of speech

and the press is the first amendment right in the US Constitution. In the Constitution the

law reads as follows, ““That Congress shall make no law abridging the freedom of

speech, or of the press, or the right of the people peaceably to assemble and consult for

their common good, and to petition the government for a redress of

grievances.”(Freedom of Expression, n.d.). Throughout the US there is much confusion

about what free speech and press really means and part of it has to do with the fact that

it was written as a law so long ago. In basic terms freedom of speech is saying that “the

government may not jail, fine, or impose civil liability on people or organizations based

on what they say or write, except in exceptional circumstances.” (Stone & Volokh ,

2017). There are a number of circumstances in which freedom of speech is supported

by the constitution and some where the constitution won’t be of any support because

the law only does but so much.

The right to free speech gives Americans the ability to do many things. One of those

things is the right to dissent. The right to dissent as an American basically gives one the

ability to go against or disagree with something in an opinionated matter. One doesn’t

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have to agree with someone’s ideas or way of life even if they are in power. Of course if

a law is created then it must be followed, but things that don’t have a law or strings

attached to them are free to be viewed upon however the individual wishes. This gives

light to things like protesting and gathering. The only way one can have their right to

dissent infringed upon is if it is seen as harmful to someone else, or an any way

unlawful with the constitution. Just because an act of dissenting is unpopular or

controversial it does not make it unlawful. Assembling a group to petition or protest has

been a thing in America for a while. Protesting has been seen when dealing with the

Vietnam War, LGBTQ community, and other times as well that were controversial in

their own right and needed to be challenged by the citizens who are apart of such

groups. Most groups get their rights challenged through the fact that their protests lead

to bigger controversy like fights and shootings. When protests start getting out of hand

the government is usually called to action by either making a law to reform to stop

whatever is making the problem worse or either come through and put a complete end

to the protesting itself. All in all, the right to dissent is free to all US citizens but the

government does have the ability to step in and take control of anything that gets out of

hand, just as much as they have the ability to make a law to grant the wishes of those

protesting if it is seen fit.

One’s first amendment rights stretches down into media as well. This is where the

freedom of press part comes into play. Freedom of press gives rights to media that can

also get controversial just like the right to dissent does. Freedom of press for Americans

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simply means that the press has the right to get information and opinions published

without fear of censorship or punishment from the government. Freedom of the press

applies to everything printed or broadcasted like TV, newspapers, blogs, books, and

other articles on the internet. Of course oneself cannot make claims or things about

private people that can mess up their opportunities in life without their permission. But

neither could one say something that can cause harm to that person’s opportunities or

life style if they are a private person as well. Privacy is protected through these

amendments given by the US Government. One can make a post about President

Trump and how dumb they think his ideas are and will never get in trouble for it because

for one he is on a national stage, and two that person is given the right and that right is

protected through the first amendment when talking about the freedom of the press. All

media is welcome as long as it cannot be deemed harmful and it can challenge power

from even the president of this nation.

The right and ability to assemble through redress of grievances is one that is also given

to US citizens. The right to petition and assemble is the biggest right given to US

citizens because it was the main right fought for back when America was gaining it’s

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independence. Justia US Law article states “the right of petition is the primary right, the

right peaceably to assemble a subordinate and instrumental right, as if the First

Amendment read: ‘the right of the people peaceably to assemble” in order to “petition

the government.’”(Justia). Redress of grievances is in relation to problems or complaints

getting resolved. “Today, in Congress and in virtually all 50 state legislatures, the right

to petition has been reduced to a formality, with petitions routinely entered on the public

record absent any obligation to debate the matters raised, or to respond to the

petitioners.” (Inazu, J. & Neuborne B., 2017).

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Citations

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(n.d.). Retrieved from http://www.lincoln.edu/criminaljustice/hr/Speech.htm.Freedom of the

Press. (n.d.). Retrieved from https://www.aclu.org/issues/free-speech/freedom-press.Inazu, J., &

Neuborne, B. (2017, August 14). Interactive Constitution: Right to assemble and petition.

Retrieved from https://constitutioncenter.org/blog/interactive-constitution-right-to-assemble-and-

petition.Interactive Constitution: The meaning of free speech. (n.d.). Retrieved from

https://constitutioncenter.org/blog/interactive-constitution-the-meaning-of-free-speech.Principles

of Journalism. (n.d.). Retrieved from https://americanpressassociation.com/principles-of-

journalism/.Right to Dissent. (2016, January 19). Retrieved from https://urj.org/what-we-

believe/resolutions/right-dissent.Rights of Assembly and Petition. (n.d.). Retrieved from

https://law.justia.com/constitution/us/amendment-01/18-rights-of-assembly-and-

petition.html.Stone, G. R., & Volokh, E. (2017, August 13). Interactive Constitution: The

meaning of free speech. Retrieved from https://constitutioncenter.org/blog/interactive-

constitution-the-meaning-of-free-speech.