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Criminal Justice: Research Paper on Limitations of Freedom of Speech

Limitations of Freedom of Speech

The liberalization to expression empowers individuals with the right to reveal their opinions. This freedom enables citizens to seek details and share ideas in and out of their state. It further grants citizens in US the chance to communicate freely. However, they are restricted in various ways. In this regard, guidelines apply to measure violation of this freedom.

Clear and current risks are used to determine these kinds of violations. A speech is not supposed to subject an individual to danger. Furthermore, the constitution does not protect its citizens from formulating statements that may activate conflicts. As a result, this contributes to unlawful actions that harm innocent individuals (Jane, 2012). According to Justice Holmes from the Supreme Court, individuals may not use words in a manner that may hurt others or cause violence.

Violation of liberation in speech is clear in fighting words. The constitution states that individuals should not embrace words that contribute to battles. The court further forbids use of phrases that can hinder harmony. Furthermore, the 1rst Amendment does not encourage people to use words that could lead to violence. Obscenity is a factor that can also depict whether freedom of expression is dishonored. The Supreme Court advocates for the right in speech by ensuring that they appeal on views of every individual.

This is by incorporating materials that relate with scientific, artistic and political aspects. Additionally, the speech is not supposed to conflict with current government policies. It is vital because it hinders individuals from giving speeches that may hurt other parties. Time, manner and place are also factors that affect the delivery of speech. As a result, this could result to issues that can affect innocent individuals. In this situation, it is the responsibility of the constitution to protect its citizens from harms that arise due to violation of speech.

References

Jane, F. (2012). The Limits of Free Expression. Retrieved from http://www.huffingtonpost.co.uk/jane-fae/the-limits-of-free-expression_b_1954631.html

Shane, S., and Richard, P. (2010). 25. Restrictions on Freedom of Expression. Retrieved from http://www.collectionslaw.com.au/chapter-25-restrictions-on-freedom-of-expression

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Criminal Justice: Research Paper on Limitations of Freedom of Speech

Limitations of Freedom of Speech

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