What exactly is meant by "Freedom of speech" in the constitution?

Question

Everyone is always getting sued for something they said or wrote. Freedom of speech must not be what it sound like. Any enlightening ideas?

Also, what is the 5th ammendment and what does it mean to plead it?

Answer 1

First Amendment of the Constitution
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.

The Amendment was meant to protect all citizens from censorship, particularly when criticizing the government.

However, the Bush Administration attempted to violate these rights during anti-war protests but when thousands of activists were brought to court on charges of raising their voices up against the war, the judges had to overturn the charges citing the first Amendment.

The Bush Administration keeps many civil liberties attorneys quite busy protecting the rights of citizens.

The Constitution was being dismantled by the Bush piece by piece as he instituted amendments against many basic rights. Voting people feared these rights were being lost forever so they voted the Republicans out in large numbers during the last election.

Answer 2

If you type Constitution of the United States of America text into a search engine (assuming you don't have a copy of the Constitution), you can read it yourself.

The First Amendment is the one about freedom of speech (and religion, and the right to peaceably assemble, and to petition the government for redress of grievances).

There are exceptions, since speech can harm others.

Why some of your answerers think that this generation of liberals invented the concepts of libel and slander I don't know -- they've been around, and are not pets of liberals.

It mean you can't ruin someone else's reputation by publicly spreading lies about them that cause them harm (often economic harm, if people believe you when you say a banker steals people's money leading to the bank being closed).

There are technical definitions of what's slander and what's libel, which I forget, but to sue you need to show that what the person said was untrue and that it caused you harm (your wife believed it and left you, or, more often economic harm such as no one hiring you).

There's also the exception to free speech that you can't incite riot or violence. So you can give a speech on the street corner, but in it you can't whip up the crown and exhort them to run down the street beating up, say, an ethnic group, or tearing the street up.

The expression to "read someone the riot act" refers to this -- the Riot Act was an act of English Parliament.

So freedom of speech is mostly what it sounds like, but as with all freedoms, your freedom to swing your arms ends with my face.

As some have pointed out "pleading the 5th" means taking advantage of one's option to not incriminate themselves.

If being questioned by the government, they can't force you to give evidence against yourself.

At least (as with freedom of speech), in theory.

Answer 3

There is no way to explain "exactly" what it means, because the meaning is constantly undergoing adjustment in case law. The Supreme Court has never said that the First Amendment provides absolute protection against libel and slander law suits.

To "plead the fifth" means that, when someone has asked you a question, you are refusing to answer the question because to do so might lead to saying something which could incriminate you. You have a right to not say anything.

Answer 4

Freedom of Speech gives us the right to express ourselves, however there are exceptions. Basically, you can't say things that harm people, especially if it is not true. You can't scream fire in a theater if there isn't. Also, you can say what you want, but not always where you want - if you want to protest at a National Park, there are only specific places. They have the right to control the time and place of speech, but not the content.

As for the fifth Amendment, the government cannot force you to speak if it will lead to you incriminating yourself. That is, you don't have to admit to a crime. However, if you do say something that is incriminating, they can use it against you - thus, we have the right to remain silent (and it is wise to use it).

Answer 5

Freedom of speech? what is it? Its the right to say whatever you want, but what you say can give you consequences. Not everything will be said and have no reaction to it. Someone will be bound to be mad at you for what you have said.
The fifth amendment simply states that you cant get in trouble for the same crime twice and that you can't incriminate yourself, meaning that you wont be forced to say something that will make you guilty of a crime.

Answer 6

http://caselaw.lp.findlaw.com/data/constitution/amendment05/

freedom of speech is suppose to be able to say what you say when you want. With this wire taping it seems that some of our freedoms have been taken away. we can no longer say what we want without someone listening. We can work where we want go to school where we want marry and date who we want. We are not told what to do but we have a choice. With that you can make good choices but with that a lot of people are victims of crimes. For example you more like be crime victim of rape and kidnap because of rape cause of being given too much freedom.

Answer 7

Speech is protected unless it instigates immediate harm or threat, or if it's libel or slander.

The 5th amendment is a person's right not to incriminate themselves.

Answer 8

Freedom of speech is sadly a thing of the past due to liberal "do gooders" who fear that speaking the truth might hurt someone.
Pleading the fifth allows a defendant from giving testimony that may incriminate him or herself.

Answer 9

FOS means you should be allowed to say what you think w/o fear of persecution.

That was 2 questions.

Answer 10

Now days freedon of speech is very selective..Too bad