Freedom of Speech

Freedom of Speech
The Constitution of the United States was written in 1787 and put into effect in 1789. The first amendment was put into place in 1791 as a part of the Bill of Rights. The first amendment of the Bill of rights ensures individuals freedoms of religion, speech, the press, and right to assemble. Freedom of speech will allow individuals to express their ideas freely. In the early 16th century individuals were taken to prison for speaking their minds and sometimes this penalty was punishable by death. This paper will define free speech and compare and contrast two different types of legally protected speech. Two examples of Legally Protected Speech are Commercial Speech and Artistic Speech.
Free Speech
Free speech is the reference to one’s given right to express opinions, ideas, beliefs, and information. However, free speech does not come without restrictions. Although the founders of the Constitution had good purpose, the idea of free speech was not carefully considered. Because the adoption of the Bill of Rights, the judges has fought back to define speech and the extent to which freedom of speech should be protected (The Free Dictionary, 2011). As a result of struggling to define free speech, regulations, and protections have been implemented into the First Amendment.
Commercial Speech
At one time, purely commercial advertisements had been considered to be outside the First Amendment’s protection (Law Publish.Com, 2011). Commercial speech is primarily in the form of advertising. Advertising is considered protected speech by the First Amendment of the U.S. Constitution (Law Publish.Com, 2011). For example, The Federal Trade Commission (FTC) can regulate any speech that could be found to be misleading or false. Commercial speech does have restraints in both manner and content restrictions. One will be able to find some exceptions to freedom of expression. Several examples have been identified by the courts over the years in regard to this and in many cases have not been controversial. Courts justified them in the context of speeches, which could harm the public or speeches that the fore fathers had no intention of protecting or still the customs that had been part of common law tradition from England where the American legal system is based.
Artistic Speech
Although commercial speech has much to do with the art of advertising, artistic speech can be any such speech projecting a sense of expression in the verbal, nonverbal, visual, and symbolic forms. Artistic may not be an advertisement of a sort but can easily resemble an advertisement as art can sell itself. Because art is a form of expression and speech, artistic speech is thereby protected under the First Amendment.
In conclusion, as outlined in the First Amendment, the previous paragraphs presented a working definition of free speech although sharing and contrasting two comparable, yet very different, types of speech. Commercial speech and artistic speech are both legally protected under the First Amendment. The First Amendment continues to be assessed and modified as time consistently comes to pass. As the electronic age re-vamps communication styles, a safe assumption to have is one believing that the First Amendment will be receiving even more attention and reconstruction well into the future.
References
Law publish. (2011). Advertising is Protected by the First Amendment. Retrieved April 3, 2011, from http://www.lawpublish.com/amend1.html
The Free Dictionary. (2011). Freedom of Speech. Retrieved April 3, 2011, from http://legal-dictionary.thefreedictionary.com/Protected+speech

References: Law publish. (2011). Advertising is Protected by the First Amendment. Retrieved April 3, 2011, from http://www.lawpublish.com/amend1.html The Free Dictionary. (2011). Freedom of Speech. Retrieved April 3, 2011, from http://legal-dictionary.thefreedictionary.com/Protected+speech