What about libel? What about hate speech? What about racist and religious slurs?
2006-10-15 14:45:45 · 15 answers · asked by a_blue_grey_mist 7 in Politics & Government ➔ Law & Ethics
Free speech comes from the First Amendment of the U.S. Constitution, which says:
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.
Notice that it says "Congress shall make no law..." This and the other Amendments in the Bill of Rights are similar in that they only protect the citizen from the government. Free speech, in the Constitutional sense, does not force your employer, contracted agent, fellow citizen, bartender or mother to accept your right to free speech. On the contrary, they can do things to limit it.
For example, your employer can fire you for saying things damaging to the company. You can enter into a contract that prevents you from divulging certain information in exchange for something--this is common in high profile tort cases. The bartender can kick you out for using profanity. Your mother....well, she has her own way.
Hate speech and racial slurs are protected speech (meaning the government can't stop it), but of course can be used as evidence in prosecuting other crimes.
Libel is a suit for slander. When you think about it, it's not much different than any other tort action. It's an action to recover for actual damages caused by the person being slanderous. An absolute defense against a libel suit is if what was said is true. Another defense to suit is if the language was meant as a joke or was presented in a less than serious way (this is why National Enquirer and the like win most of their suits).
You can say false things about people that cost them money, but you are liable for the money they lost. You can't be thrown in jail for it or anything, but a judge might order that you compensate the individual you harmed.
2006-10-15 16:36:45 · answer #1 · answered by Charles15589 2 · 0⤊ 0⤋
Yes--pornography is not protected (this is now defined only as child pornography), so called fighting words are not protected (these are specific statutes in some cases on words that tend to incite a person to violence and are used as a defense--this is a very limited restriction), treason is not protected, libel and slander is not protected.
Hate speech is not per se prohibited. There are hate crimes. These are when there is another ordinary crime and it is motivated by racism, sexism, etc. For example if some Neo-Nazis beat up a Jewish person because they hated jews--then the penalty for the assault would be enhanced by the hate crime law because they did it out of racial motivation. Likewise there are civil rights statutes. But these do not prohibit just speech. If someone told a black person to get out of their restaurant--it would nto be the words that would be the violation--it would be their refusal to serve them based on race.
Some commercial speech is not protected--such as false and misleading advertising.
2006-10-15 16:06:44 · answer #2 · answered by beckychr007 6 · 0⤊ 0⤋
There are boundaries, (just ask the yahoo people).
I just wrote a nice little disclaimer on my profile after some people were offended in regards to my own questions.
Libel can be punished, if the words or statements made are found in court to be false. Like if I intentionally make statements about someone that hurts them in their career (she slept with the boss!) and it's found not to be true. As far as I know, hate speech, racist and religious slurs are free game, at least in the US. You can raise your hand and say Heil Hitler in Boston, but you cannot do it in Berlin and expect to get away with it.
Remember, there are people here that burn flags and call it free speech.
2006-10-15 14:51:09 · answer #3 · answered by Fun and Games 4 · 1⤊ 2⤋
That is not where a particular line can be drawn. I suggest you look at the last 50 to 75 years of US Supreme Court decisions on 1st Amendment issues. Not all speech is "free speech" and usually has to do with the forum in which it occurs. I strongly suggest you do some research. (FindLaw is NOT a reliable source!)
2006-10-15 14:55:02 · answer #4 · answered by cyanne2ak 7 · 0⤊ 0⤋
,It is the right to express uncensored opinions.
I don't know if this is a boundary but the first thing I though of is that a lot of people either don't care or don't know that there is a consequence to using free speech. You don't have a guarantee that people will enbrace your free speech,. ie the Dixie Chicks.
2006-10-15 14:54:44 · answer #5 · answered by Jean R 3 · 0⤊ 0⤋
Accepted standard right now is that any speech is allowed, including hate speech, religious and racial slurs unless it is likely to lead to Imminent lawless action[1].
As of now is see no reason to change that standard.
2006-10-15 16:33:31 · answer #6 · answered by hq3 6 · 0⤊ 0⤋
People can condemn you for hate speeches but I dont think you can inprisoned for it.
However, if you are going to make a verbal threat, the police will act on it so technically free speech is not all that free.
2006-10-15 14:59:02 · answer #7 · answered by leikevy 5 · 0⤊ 0⤋
There is free speech, but there is also responsibility for speech. If you take part in the examples you cite, then you have to bear the consequences.
2006-10-15 14:56:27 · answer #8 · answered by Anonymous · 1⤊ 0⤋
'As long as it doesn't hurt anyone's sentiments'? Since when does my speech have to consider anyone's 'sentiments', whatever that is?
Anyway, yes there are limits. All of our rights have limits. Your rights end where mine begin. You are free to speak within the boundaries set forth by law.
2006-10-15 14:59:27 · answer #9 · answered by normobrian 6 · 0⤊ 0⤋
free speech ends where the rights of others begin.
2006-10-15 14:47:28 · answer #10 · answered by Greg T 2 · 2⤊ 0⤋