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US Constitution study guide: Difference between revisions
→Amendment 1 [protections of religion, speech, press, assembly & petition]
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* accepted limits on the "freedom of speech" include: | * accepted limits on the "freedom of speech" include: | ||
** direct threats of violence, obscenity, defamation (speech that causes harm with false accusations) | ** direct threats of violence, obscenity, defamation (speech that causes harm with false accusations) | ||
* that the Founders called rights to speech and the press "freedom" as opposed to a "rights" means that speech and press "freedoms" are not "absolute rights", i.e., they have limits}}''', or '''{{#tip-text:of the press}}'''<ref>see: https://constitution.congress.gov/browse/essay/amdt1_2_1/</ref>, or the right of the people '''{{#tip-text:peaceably to assemble}}''', and to '''{{#tip-text:petition the Government}}''' for a redress of grievances. | * that the Founders called rights to speech and the press "freedom" as opposed to a "rights" means that speech and press "freedoms" are not "absolute rights", i.e., they have limits}}''', or '''{{#tip-text:of the press|freedom of the press | ||
* here the Constitution distinguishes between "speech" and "press" | |||
* = recognition that the "press" is an integral function of a free, democratic and pluralistic society | |||
* this "freedom" is not absolute: the Courts have imposed limits upon the right to print ("press") | |||
* publishers ("press") may not publish deliberate lies or defamation (deliberate, false attacks upon someone), harmful or obscene content, or anything that may be understood as harmful to society | |||
* the rights of the press are balanced against the public safety | |||
** i.e., can a press publish state secrets? if during peacetime that may be different from if during war | |||
* notably, in the internet age, Section 230 of the Internet Freedom Act (1995<< confirm) protects internet platforms from liability (responsibility) from censoring harmful or obscene speech}}'''<ref>see: https://constitution.congress.gov/browse/essay/amdt1_2_1/</ref>, or the right of the people '''{{#tip-text:peaceably to assemble}}''', and to '''{{#tip-text:petition the Government}}''' for a redress of grievances. | |||
==={{#tip-text: Amendment 2|}}=== | ==={{#tip-text: Amendment 2|}}=== | ||