Preview

Donald Trump Open Up Libel Laws Essay

Good Essays
Open Document
Open Document
560 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Donald Trump Open Up Libel Laws Essay
Before president -elect Donald Trump became president he told the world that if he became president he would “open up our libel laws”. The First Amendment included libel laws in 1964 (New York Times v. Sullivan) pronouncing that news networks/ media cannot publish works that were made with “actual malice”. Although, this process is possible it is extremely difficult to do. Donald Trump is basically seeking to change the terms of the First Amendments. According to experts there is only two ways to do so: the Supreme Court or the Constitution itself. If he chose the path of Supreme Court, the court would have to overturn the ruling of Times v. Sulliven. This could possibly backfire on him because if he decides to approach conservative justices, the idea of modifying the First Amendment wouldn’t be a favorable decision. Trump could also try tackling the constitution itself by mustering enough support to …show more content…
Just like a building, without the base the structure can fall apart. Donald Trump saying that he wants to open up libel laws is changing some part of the First Amendment in the Constitution. By changing the Constitution there can be some negative consequences for him and the people. For example by amending the constitution to “open up libel laws” it can hurt the people because there free speech will be hindered by possible lawsuits. This is hurting him as well because he is known to share lots of hurtful and false comments, therefore one can sue him as well if he does open the law's up. We learned about the First Amendment in class.

Judicial review is very important for the government. It makes sure the government doesn’t get away with any decision that is unconstitutional. However, if the government decides to “open up libel laws” this can bring many cases to court. This also means that what is considered unconstitutional is going to be changed. We learned about Judicial Review in
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Powerful Essays

    Snyder Vs. Phelps: Case Study
    • 1596 Words
    • 7 Pages

    Snyder Vs. Phelps: Case Study

    The court said that the First Amendment Rule applies as a defense against the state tort of intentional infliction of emotional distress. This precedent was set in the Hustler Magazine Inc. v. Falwell. The court needed to decide whether or not the speech was of public concern. Speech of public concern is entitled to special protection under the First Amendment and is on the highest rung of protection. This is to ensure that public debate and self expression are preserved and remain "uninhibited, robust, and wide-open." When an issue is of private matters then it is given much less protection. It is true that it is difficult to define exactly what public concern is. It has been covered in a broad term that can be narrowed down in individual circumstances. For speech to be defined as public concern it must "be fairly considered as relating to any matter of political, social, or other concern to the community." It also can be defined as when the speech "is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public." All factors of the speech must be determined and reviewed before a decision is made. The court must consider the content, form, and context of the speech. This includes examining what was said and how it was said. This is to be evaluated on a case-by-case basis because of the varying nature and severity of speech. Once all aspects are covered, the court can determine if the speech meets the criteria for public or private…

    • 1596 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Better Essays

    Citizens United V. Federal Election Commission: Case Study
    • 945 Words
    • 4 Pages

    Citizens United V. Federal Election Commission: Case Study

    With the bitter wounds of British tyranny still stinging, the Founding Fathers thought up the first amendment. Democracy flourishes only when freedoms to express views, both political and those of other concerns, are guaranteed. What happens, however, when your own government seizes and destroys these rights, in its attempt to censor the public 's pursuit of political knowledge. The Citizens United v. Federal Election Commission (FEC) court case brings forth this question and many more, as Citizens United, a nonprofit organization, was challenged in their attempt to broadcast "Hillary: the movie," by the FEC. The verdict, which was ruled in favor of Citizens United, deemed the film an act of the organization 'a first amendment right to free speech. Correct in their ruling, the Supreme Court upheld the abolition of restrictions…

    • 945 Words
    • 4 Pages
    Better Essays
    Read More
  • Good Essays

    Discusion Questions His301
    • 563 Words
    • 3 Pages

    Discusion Questions His301

    The Supreme Court is supposed to interpret the Constitution as it pertains to each case before the court. These decisions then affect public policy and application of the laws. Sometimes laws can be rendered nullified or unenforceable. In some newer cases that deal with internet or other technologies not present at the time of creation, extend beyond the reach of the Constitution, the Supreme Court must interpret how the Constitutional laws should affect the case. This affects the way U. S. society sees the Constitution as it pertains to them.…

    • 563 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    John Adams Supreme Court Case
    • 524 Words
    • 3 Pages

    John Adams Supreme Court Case

    Judicial Review is important to the American people because it guaranties our rights and ensures that everything done in the American Government will be and has to be…

    • 524 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Shodanea Brown Media Law And Ethics
    • 940 Words
    • 3 Pages

    Shodanea Brown Media Law And Ethics

    The First Amendment was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. A careful reading of the First Amendment reveals that it protects several basic liberties freedom i.e. religion, speech, press, petition, and assembly. Interpretation of the amendment is far from easy, as court case after court case has tried to define the limits of these freedoms. The prohibition on abridgment of the freedom of speech is not absolute. Certain types of speech may be prohibited outright. Some types of speech may be more easily constrained than others. Furthermore, speech may be more easily regulated depending upon the location at which it takes place. All these rights protect the people of the US they have the right to religion and speech, they right to say whatever they want as long as it’s true without being held accountable for it. Even though speech is protected by the First Amendment not every speech is protected for example obscenity, child pornography, and speech that constitutes so-called “fighting words” or “true threats” are not protected by the amendment. There has always been controversy for defending the free speech rights of groups that spew hate, such as the Ku Klux Klan and the Nazis. But if only popular ideas were protected, we wouldn't need a First Amendment. If we do not come to the defense of the free speech rights of the most unpopular among us, even if their views are antithetical to the very freedom the First Amendment stands for, then no one's liberty will be secure. I can’t say I disagree with anything about these facts, I do agree that one should have freedom of speech everyone should feel free to express themselves by speaking but not everything should be said and that is why not every speech is protected by the amendment.…

    • 940 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Are civil liberties protected sufficiently in the UK?
    • 1086 Words
    • 3 Pages

    Are civil liberties protected sufficiently in the UK?

    Judicial review is a process that is conducted in the Supreme Court that hears an appeal over lawfulness of a case. It is not focused on the rights and wrongs of…

    • 1086 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Compare and Contrast the Sedition Act and the Patriot Act
    • 744 Words
    • 3 Pages

    Compare and Contrast the Sedition Act and the Patriot Act

    Benjamin Franklin once said, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." The American people have always fought to retain their right of free speech; but one must ask what are we sacrificing with this protection?…

    • 744 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    The Constitution Reflects The Founders Respect
    • 561 Words
    • 3 Pages

    The Constitution Reflects The Founders Respect

    The court case that established the process of judicial review with its ruling by the Supreme Court was Marbury v. Madison. This case was significant because it make the judges the official interpreters of the Constitution. It also gives citizens the changes to challenge laws that are written by Congress and approved by the President. If the citizens are not able to get a bill through Congress they are able to present their case in front of the Supreme Court.…

    • 561 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Watergate: President of the United States and Executive Privilege
    • 655 Words
    • 3 Pages

    Watergate: President of the United States and Executive Privilege

    4. Judicial Review- the power of a court to adjudicate the constitutionality of the laws of a government or the acts of a government official…

    • 655 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Judicial Review In Supreme Court History
    • 473 Words
    • 2 Pages

    Judicial Review In Supreme Court History

    One of the primary foundations for the power which it exercises over the American judicial system is the basics of judicial review. This power consists of the ability of the Supreme Court to decide upon “review” that a piece of some form of Government action is not permitted under the Constitution and can be deemed “unconstitutional”. The Supreme Court established this idea early in its existence and was empowered as a vital institution in the American Government primarily by exercising it. Judicial review is controversial because an unelected group is charged with interpreting the Constitution and the validity of laws affecting the population. Judicial review should be void of all political favoring, however, the power granted to a body that is not accountable to the public can be seen as an imbalance in the checks and balances intended by the three branch system of democracy in the United States.…

    • 473 Words
    • 2 Pages
    Good Essays
    Read More
  • Better Essays

    How Censorship In The Media Is Taking AWay Our Freedom Of Speech
    • 1984 Words
    • 5 Pages

    How Censorship In The Media Is Taking AWay Our Freedom Of Speech

    “Congress shall make no law respsecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press…” (Leatherman 1). Over the years there have been many attempts to change, or re-interpret the first amendment, or in other words to abridge these freedoms from the American public. A constant attempt that has been used throughout history is censorship in the media. Censorship is either suppressing, removing, or restricting information. We see it today. An easy example is censorship in our television shows, we bleep out curse words, or blur out images on the screen in order to keep it inoffensive to the public. But is something as simple as that taking away our freedom to express ourselves?…

    • 1984 Words
    • 5 Pages
    Better Essays
    Read More
  • Better Essays

    Roles Of Law And Courts In Today S Business Environment
    • 901 Words
    • 3 Pages

    Roles Of Law And Courts In Today S Business Environment

    There are several roles, types, and functions of law in society today; whether it is an individual, worker, or business owner everyone is subject to and must abide by the federal and state courts and laws of this country. The judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. This is an example of check and balances in a modern governmental system. Working on a federal installation (Tinker AFB) the industry has to follow both federal guidelines and laws.…

    • 901 Words
    • 3 Pages
    Better Essays
    Read More
  • Good Essays

    Essay On The First Amendment
    • 867 Words
    • 4 Pages

    Essay On The First Amendment

    The first amendment is about freedom of speech for all; the press included. This amendment is against prohibiting people from their free exercise of their religion. The first amendment can and have been violated; therefore lawsuits occur but is the amendment enough to win a case?…

    • 867 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Which Amendment Is The Most Important Essay
    • 1058 Words
    • 5 Pages

    Which Amendment Is The Most Important Essay

    “The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. See U.S. Const. amend. I. Freedom of expression consists of the rights to freedom of speech, press,…

    • 1058 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Evaluate the role of the supreme court in protecting the rights and liberties of US citizens.
    • 583 Words
    • 2 Pages

    Evaluate the role of the supreme court in protecting the rights and liberties of US citizens.

    The power of judicial review has allowed the Supreme Court to protect civil liberties within America. Its involvement in civil rights issues have ranged from racial issues, to the rights of those accused and the reapportionment of electoral districts.…

    • 583 Words
    • 2 Pages
    Good Essays
    Read More

Related Topics