Most have heard of freedom of speech but many still wonder where it comes from and when. Therefore, here I will explain the origination of freedom of speech. Freedom of Speech, as I had mentioned before, is included in the first amendment of the Bill of Rights, which was adopted in 1791. From the start, freedom of speech only applied to the federal government, meaning that state government did not have to follow the laws of freedom of speech (Litz). This changed though after the Civil War ended in 1868. The fourteenth amendment was adopted and it stated that states may not “deprive any person of life, liberty or property without due process of law” (Roleff). The court case of Gitlow v. New York (1925), set the tone for this by saying that free speech is a liberty protected by the fourteenth amendment.
Now that we have covered how and when freedom of speech originated, I will move on to where it originated. A Greece philosopher, by the na...
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... ridiculous, but people trialed for freedom of speech and there you have it. Cohen vs California (1971), gave people the right to use offensive words or phrases in political messages. An example of this is a politician’s commercial. Texas vs Johnson (1990) gave people the right to engage in symbolic speech. These are some examples of when people were granted the right to…
Now here are some examples of cases where people have been given the right not to… In Schneck vs United States (1919), people were not given the right to incite actions that would harm one another (Smith-101). In Roth vs the United States (1957), people were not given the right to make or distribute obscene materials. For example, harmful materials like swastikas. Finally, in the United States vs O’Brien (1968), people were given the right not to burn draft cards as a anti-war protest (Smith-104).
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