Legal System in Business Regulation: Freedom of Speech
Freedom of speech is a guaranteed protection of the rights of people within the United States to speak freely without censorship. This right is exercised daily in organizations, governments, and court systems but there are limitations on the right to speak. “The First Amendment’s Freedom of Speech Clause protects all forms of expression, oral, written, art, and symbolic but this right is not unlimited. The clause only protects speech not conduct.” (Yates & Bereznicki-Korol, 2005) Speech is separated into 3 categories and is recognized by the US Supreme Courts: fully protected, limited /partially protected, and unprotected speech (Yates & Bereznicki-Korol, 2005). Fully protected speech is speech that cannot be forbidden or regulated. Only limited services of government is allowed to utilize this speech type but the Supreme Court places limitation on speeches that take place on government property. “An prime example of this term is a government speech.” (McCoy, 2006) The limited or partially protected speech covers allowable speech but is subjected to the government limitations by the Time, Date, and Mannor Doctrine. For instance, advertising and slander would be controlled by the government on how the communication is presented. Lastly, unprotected speech is speech that is not acceptable by the government and is not protected by the First Amendment and can be forbidden by the government (Yates & Bereznicki-Korol, 2005). Here are some types of unprotected speeches: fighting words, obscenity, blackmail, slander, or bribery. None of these examples are protected by the constitution and can be addressed by the government.
Countless cases are presented to the US Supreme Court challenging the First Amendment, Freedom of Speech. Many US citizens use the First Amendment to there advantage as well as business owners and organizations. The United States Constitution along with the United States legal system played...
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