Freedom of Speech and Expression Online

Amendment I of the United States Constitution states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" ("Bill"). Many Americans believe that online content should be regulated. However, internet censorship violates our rights to freedom of expression, association, speech, and press. The U.S. Constitution protects those rights, and as Americans we should make sure to hold on to them at any cost. Government regulation of the Internet would threaten its very existence. In addition, if an attempt to censor the Internet was made, the system would be so problematic and error-prone that it would most likely fail.

On February 1, 1996 the U.S. Congress enacted the Communications Decency Act. This act created criminal penalties for the "knowing" transmission over the Internet of material considered "indecent to minors." These provisions also made it a crime to make any computer network transmission with the intent to "annoy" or "harass" the recipient, and extended a criminal ban on discussing abortion devices and procedures to computer network communications ("Overview"). This was, in essence, a bill designed to censor the Internet. In response, several organizations were assembled to protest the act. Thus, the bill went to the Supreme Court. Justice John Paul Stevens, writing for the majority, stated this conclusion: As a matter of constitutional tradition, in the absence of evidence to the contrary, we presume that governmental regulation of the content of speech is more likely to interfere with the free exchange of ideas than to encourage it. The interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship. ("Supreme") The Communications Decency Act was declared...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Essay on Freedom of Speech and Expression

    ...Jomy T. J, 2nd year MABJ 1. Identify the articles in the constitution of India which are related to the freedom of the press? Expression through speech is one of the basic guarantees provided by civil society. Freedom of speech enjoys special position as far India is concerned. The importance of freedom of expression and speech can be easily understand by the fact that preamble of constitution itself ensures to all citizens inter alia, liberty of thought, expression, belief, faith and worship. The constitutional significance of the freedom of speech consists in the Preamble of Constitution and is transformed as fundamental and human right in Article 19(1) (a) as “freedom of speech and expression”. Explaining the scope of freedom of speech and expression Supreme Court has said that the words "freedom of speech and expression" must be broadly constructed to include the freedom to circulate one's views by words of mouth or in writing or through audiovisual instrumentalities. Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. It...

    Read More
    1108 Words 5 Pages
  • Freedom of Speech and Expression Essay

    ...Freedom of speech and expression The United Nations Universal Declaration of Human Rights, 1 adopted in 1948, provides, in Article 19, that: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.[1] Technically, as a resolution of the United Nations General Assembly rather than a treaty, it is not legally binding in its entirety on members of the UN. Furthermore, whilst some of its provisions are considered to form part of customary international law, there is dispute as to which. Freedom of speech is granted unambiguous protection in international law by the International Covenant on Civil and Political Rights which is binding on around 150 nations. In adopting the United Nations Universal Declaration of Human Rights, Ireland, Italy, Luxembourg, Monaco, Australia and the Netherlands insisted on reservations to Article 19 insofar as it might be held to affect their systems of regulating and licensing broadcasting. The majority of African constitutions provide legal protection for freedom of speech. However, these rights are exercised inconsistently in practice. 1. The United Nations Universal Declaration of Human Rights, adopted in 1948, provides, in...

    Read More
    2167 Words 9 Pages
  • Freedom of Speech and Expression Essay

    ...FREEDOM OF SPEECH AND EXPRESSION Introduction Speech is God's gift to mankind. Through speech a human being conveys his thoughts, sentiments and feeling to others. Freedom of speech and expression is thus a natural right, which a human being acquires on birth. It is, therefore, a basic right. "Everyone has the right to freedom of opinion and expression; the right includes freedom to hold opinions without interference and to seek and receive and impart information and ideas through any media and regardless of frontiers" proclaims the Universal Declaration Of Human Rights (1948). The people of India declared in the Preamble of the Constitution, which they gave unto themselves their resolve to secure to all the citizens liberty of thought and expression. This resolve is reflected in Article 19(1)(a) which is one of the Articles found in Part III of the Constitution, which enumerates the Fundamental Rights. Man as rational being desires to do many things, but in a civil society his desires have to be controlled, regulated and reconciled with the exercise of similar desires by other individuals. The guarantee of each of the above right is, therefore, restricted by the Constitution in the larger interest of the community. The right to freedom of speech and...

    Read More
    2633 Words 11 Pages
  • Freedom Of Speech And Expression Essay

    ...Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. The freedom of speech is regarded as the first condition of liberty. Accepted that the right to freedom of speech is the essence of free society and it must be safeguarded at all time. Liberty to express opinions and ideas without hindrance, and especially without fear of punishment plays significant role in the development of that particular society and ultimately for that state. The freedom of expression includes all forms of art including cartoon, media-print and electronic etc.. The freedom of speech and expression do not confer an absolute right to express one's thoughts freely. Clause (2) of Article 19 of the Indian Constitution enables the legislature to impose certain restrictions on free speech such as security of the State, friendly relations with foreign States, public order, decency and morality, contempt of court, defamation, incitement to an offence, and sovereignty and integrity of India. Freedom of speech and expression are guaranteed not only by the constitution or statutes of various states but also by various international conventions like Universal Declaration of...

    Read More
    1845 Words 5 Pages
  • Essay about Media and Freedom of Speech and Expression

    ...Media And Freedom Of Expression India is one of the greatest democratic country in the world, which is based on the three pillars: Executive, Legislature and Judiciary. These three pillars monitor to each other, but now a days the Media is playing a role of the fourth pillar of democracy, which keeps eyes on these three pillars. Journalism, plays a key role in media. It delivers all the information of current affairs and in the country and world. Our constitution gives us Right To Freedom Of Speech And Expression by Article 19. On the basis of this article media also expresses its view regarding current affairs and try to raise public voice against unfair government rule. Also, Article 19 of the Universal Declaration Of Human Rights (UDHR), guarantees right to freedom of expression as, “Everyone has right to freedom of opinion and expression, this right includes the right to hold opinions without interference and to seek, receive and impart information and ideas through our media and regardless of frontiers.” A day by day development in science and satellite technology, media has reached directly to the people and to the whole world. It means live telecast of current affairs, parliamentary work, sports, events we can watch directly at home due to the media with the help of satellite...

    Read More
    516 Words 3 Pages
  • Freedom of Speech and Expression in Journalism Essay

    ...Freedom of Speech and Expression and Journalism Problems faced in the industry, and the solutions and guidelines to the problem. A report done by Ooi K.L Universiti Tunku Abdul Rahman *Note: This is an undergraduate individual assignment report. It might not be the best report, yet it is still referable for other undergraduates who are doing the same subject area. ** This assignment was done for the subject UAMG 3063 - Communication Law in the third year of Degree in Public Relations under the Faculty of Arts and Social Sciences at Universiti Tunku Abdul Rahman Freedom of Speech and Expression and Journalism Journalism is a difficult profession in Malaysia and they face impediments peculiar to the society (Radhakrishnan 2010). Radhakrishnan says in his report that journalish has an honorable objective which is the circulation and dissemination of information including news, comment and opinion as well as entertainment. He also states that journalists should be borne in mind that in order to enjoy to status of a profession, the practitioners are expected at all times to conduct themselves in an ethical manner upholding the best tradition of the profession The role of journalism in a democratic society needs special mention. It is a necessary and essential prerequisite for democracy to survive. It acts as the fourth estate and it is also the essential watchdog over the conduct of the...

    Read More
    1473 Words 6 Pages
  • Freedom of Speech Essay

    ...Freedom of Speech The First Amendment for America was built on freedom. The freedom to speak, freedom to choose, freedom to worship, and freedom to do just about anything you want within the law. The first amendment was designed to protect each race. Out of all of our rights, freedom of speech is should be the most cherished, and one of the most talked about subjects. Freedom of speech should be utilized, because so many people fought for the right to have freedom and the freedom to speak. Freedom to vote in every major election. Freedom to travel to any state of your choice. Freedom of speech has allowed Americans to speak out against what is wrong with the country and in the world and it has allowed people to express themselves in their own way(rights and liberties 2003 pg 17) Having the freedom to speak is a positive thing. If you use the freedom of speech in the correct way nothing can stand in your way of becoming the best person you can be and have great success. Freedom of speech is a brave epidemic that has had a great deal of importance on Americans, and the way they live...

    Read More
    869 Words 4 Pages
  • Freedom of Expression Essay

    ...Freedom of Expression: All people in the United States are guaranteed this right by the Constitution. Students, however, do not have this right to the same extent as adults. This is because public schools are required to protect all students at the school. The major aspects of this right are speech and dress. Both the right to speech and dress are not absolute in public high schools. According to the American Civil Liberties Union: "You (students) have a right to express your opinions as long as you do so in a way that doesn't 'materially and substantially' dirsupt classes or other school activities. If you hold a protest on the school steps and block the entrance to the building, school officials can stop you. They can probably also stop you from using language they think is 'vulgar or indecent'("Ask Sybil Libert" ACLU 1998). Public schools can also restrict student dress. In 1987 in Harper v. Edgewood Board of Education the court upheld "a dress regulation that required students to 'dress in conformity wit hthe accepted standards of the community'"(Whalen 72). This means that schools can restrict clothing with vulgarities and such, but they cannot restrict religious clothing: "School officials must accommodate student's religious beliefs by permitting the wearing of religious clothing when such clothing must be worn during the school day as a part of the student's religious practice"(Whalen 78). Back to Student...

    Read More
    769 Words 4 Pages

Popular Essays

Become a StudyMode Member

Sign Up - It's Free