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Freedom Of Speech And Expression

1257 words - 6 pages

On December 15, 1791, Congress adopted the freedom of speech as a constitutional right under the First Amendment to the United States Constitution as a law to protect all American citizens. The law clearly states that “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” (www.law.cornell.edu). Although this law is in effect, there are exceptions to policy and many other categories that are excluded from the freedom, in which the government may enact within a reasonable amount of time, place or manner restrictions on speech. According to the famous speech written by Raphael Cohen-Almagor, it states that freedom of speech is a guiding rule, one of the foundations of democracy, but at the same time, freedom does not imply anarchy, and the right to exercise free expression does not include the right to do unjustified harm to others.

Freedom of expression is also known as an American form of human rights that is intertwined directly to the Bill of Rights of the United States Constitution as well. This freedom was granted as the first written constitution of the democratic government for the United States. However, the freedom of expression was characterized by the United States Supreme Court as a fundamental right to grant liberty and to sustain to any principles within existence. There are many supporting elements associated with the freedom of expression. For example, the freedom of speech, freedom of religion, freedom of association and the freedom of the press are all connected by United States Supreme Court and its jurisprudence. The essential roles were designated as part of the democracy that falls upon the Inter-American Court of Human Rights in its Advisory Opinion OC-5-85, which states that it is a conditiosine qua non for the developmental phase of political parties, trade unions, scientific and cultural societies that presumably have a direct influence on the American society and public view. The logic behind the conditiosine qua non was to inform the public exercising their rights as citizens.

After reading the theory of autonomy, I thought about the Kantian moral theory which is an assumption concerned with the existence of shared fundamental interests among all rational human beings and their rights which also leads to autonomy. Kant often argued that moral autonomy is a combination of freedom and responsibility; it is a submission to laws that one has made for oneself. For example, “I am autonomous if I rule me, and no one else rules I” (Feinberg, 161). The meaning of autonomy can be defined as the capacity of any person or individual to reflect upon, and then attempt to accept or change, his or her preferences, desires, values and ideals (Dworkin 1978, 127). The concept of...

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