153-622: The Flag Desecration Amendment (often referred to as the Flag-Burning Amendment ) is a proposed addition to the Constitution of the United States that would allow the U.S. Congress to prohibit by statute and provide punishment for the physical " desecration " of the flag of the United States . The concept of flag desecration continues to provoke a heated debate over protecting a national symbol , preserving free speech , and upholding
306-597: A bicameral (two-house) Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch. An alternative to the Virginia Plan , known as the New Jersey Plan , also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote. On June 19, 1787, delegates rejected
459-479: A citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Congress has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has
612-466: A convention of state delegates in Philadelphia to propose revisions to the Articles. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the Articles of Confederation." The convention was not limited to commerce; rather, it was intended to "render the federal constitution adequate to the exigencies of government and
765-411: A different time (e.g., during the day), at a different place (e.g., at a government building or in another public forum ), or in a different manner (e.g., a silent protest ). Funeral Protests are a complex issue in the United States. It is a right to Americans to be able to hold a peaceful protest against various policies they deem unreasonable. It is a question of whether or not it is appropriate through
918-597: A flag burning amendment in Gallup's 1999 poll. Another poll conducted by CNN in June 2006 also found that 56% of Americans supported a flag desecration amendment. In contrast, a summer 2005 poll by the First Amendment Center found that 63% of Americans opposed amending the constitution to outlaw flag burning, up from 53% in 2004. A June 2020 YouGov poll found that 49% think it should be illegal to burn or intentionally destroy
1071-510: A joint resolution to make it an unconstitutional ban on flag burning on June 14, 2019, and received support from the Trump administration , but the resolution was unsuccessful. Daines reintroduced the resolution on June 14, 2021. The first federal Flag Protection Act was passed by Congress in 1968 in response to protest burnings of the flag at demonstrations against the Vietnam War . Over time, 48 of
1224-529: A legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in
1377-623: A major influence on the Albany Plan of Union , Benjamin Franklin's plan to create a unified government for the Thirteen Colonies , which was rejected. The Constitution includes four sections: an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V (see below ). The Preamble,
1530-558: A more adaptable and at the same time more stable community, of maintaining the precarious balance between healthy cleavage and necessary consensus". Emerson furthermore maintains that "Opposition serves a vital social function in offsetting or ameliorating (the) normal process of bureaucratic decay". Research undertaken by the Worldwide Governance Indicators project at the World Bank , indicates that freedom of speech, and
1683-498: A period of more than ten years: To be added to the Constitution, it must be approved by a two-thirds vote of those present and voting in both houses of Congress, as well as be ratified by at least three-fourths of either (1) the 50 state legislatures or (2) ratifying conventions in each of the 50 states (Congress has the power to choose the mode of ratification). Senators had until the end of 2006 to take action on H.J. Res. 10 during
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#17331066988581836-458: A permanent capital. North Carolina waited to ratify the Constitution until after the Bill of Rights was passed by the new Congress, and Rhode Island's ratification would only come after a threatened trade embargo. The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution
1989-408: A report published in 1776, he wrote: No evidence should be needed that a certain freedom of writing and printing is one of the strongest bulwarks of a free organization of the state, as, without it, the estates would not have sufficient information for the drafting of good laws, and those dispensing justice would not be monitored, nor would the subjects know the requirements of the law, the limits of
2142-408: A right includes the content and the means of expression. The right to freedom of speech and expression is closely related to other rights. It may be limited when conflicting with other rights (see limitations on freedom of speech ). The right to freedom of expression is also related to the right to a fair trial and court proceeding which may limit access to the search for information, or determine
2295-441: A victim of Saudi's internet censorship and was facing death sentence. Saudi-controlled media portrayed him as a dangerous preacher due to his Twitter and WhatsApp posts, but dissidents considered him as an important intellectual who maintained strong social media influence. Some legal scholars (such as Tim Wu of Columbia University ) have argued that the traditional issues of free speech—that "the main threat to free speech"
2448-648: Is a fundamental social process, a basic human need and the foundation of all social organisation. It is central to the Information Society . Everyone, everywhere should have the opportunity to participate and no one should be excluded from the benefits of the Information Society offers. According to Bernt Hugenholtz and Lucie Guibault, the public domain is under pressure from the " commodification of information" as information with previously little or no economic value has acquired independent economic value in
2601-685: Is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship , or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations . Many countries have constitutional law that protects free speech. Terms like free speech , freedom of speech, and freedom of expression are used interchangeably in political discourse. However, in
2754-604: Is also explicitly protected by acts such as the Freedom of Information and Protection of Privacy Act of Ontario, in Canada. The Access to Information Act gives Canadian citizens, permanent residents, and any person or corporation present in Canada a right to access records of government institutions that are subject to the Act. The concept of freedom of information has emerged in response to state sponsored censorship, monitoring and surveillance of
2907-536: Is also illegal in some countries. Apostasy has been instrumentalized to restrict freedom of speech in some countries. In some countries, blasphemy is a crime. For example, in Austria, defaming Muhammad , the prophet of Islam, is not protected as free speech. In contrast, in France, blasphemy and disparagement of Muhammad are protected under free speech law. Certain public institutions may also enact policies restricting
3060-468: Is both false and potentially dangerous, such as falsely shouting "Fire!" in a theatre and causing a panic . Justifications for limitations to freedom of speech often reference the " harm principle " or the "offence principle". In On Liberty (1859), John Stuart Mill argued that "...there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered". Mill argues that
3213-564: Is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations. From September 5, 1774, to March 1, 1781, the Second Continental Congress , convened in Philadelphia in what today is called Independence Hall , functioned as the provisional government of the United States. Delegates to the First Continental Congress in 1774 and then
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#17331066988583366-585: Is not the best." The advocates of the Constitution were anxious to obtain unanimous support of all twelve states represented in the convention. Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present." At the end of the convention, the proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton. Within three days of its signing on September 17, 1787,
3519-448: Is obliged to help any speakers publish their views, and no one is required to listen to, agree with, or acknowledge the speaker or the speaker's views. These concepts correspond to earlier traditions of natural law and common law rights. Freedom of speech is understood to be fundamental in a democracy. The norms on limiting freedom of expression mean that public debate may not be completely suppressed even in times of emergency. One of
3672-556: Is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law. Article 19 of the Universal Declaration of Human Rights , adopted in 1948, states that: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Today, freedom of speech, or
3825-465: Is permissive rather than mandatory; that is, it permits Congress to prohibit flag burning, but it does not require it. The question of whether flag burning should be banned would become a matter for the legislature to decide, rather than the courts. Proponents of legislation to proscribe flag burning argue that burning the flag is a very offensive gesture that deserves to be outlawed. Opponents maintain that giving Congress such power would essentially limit
3978-583: Is the " Great Firewall of China " (in reference both to its role as a network firewall and the ancient Great Wall of China ). The system blocks content by preventing IP addresses from being routed through and consists of standard firewall and proxy servers at the internet gateways . The system also selectively engages in DNS poisoning when particular sites are requested. The government does not appear to be systematically examining Internet content, as this appears to be technically impractical. Internet censorship in
4131-426: Is the censorship of "suppressive states", and that "ill-informed or malevolent speech" can and should be overcome by "more and better speech" rather than censorship—assumes scarcity of information. This scarcity prevailed during the 20th century, but with the arrival of the internet, information became plentiful, "but the attention of listeners" scarce. Furthermore, in the words of Wu, this "cheap speech" made possible by
4284-632: Is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution. The president is the Commander in Chief of the United States Armed Forces , as well as of state militias when they are mobilized. The president makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government,
4437-426: Is understood as a multi-faceted right that includes not only the right to express, or disseminate, information and ideas but three further distinct aspects: International, regional and national standards also recognise that freedom of speech, as the freedom of expression, includes any medium, whether orally, in writing, in print, through the internet or art forms. This means that the protection of freedom of speech as
4590-505: The Golden Shield Project , an initiative by Chinese government's Ministry of Public Security that filters potentially unfavourable data from foreign countries. Facebook routinely and automatically eliminates what it perceives as hate speech, even if such words are used ironically or poetically with no intent to insult others. The Human Rights Measurement Initiative measures the right to opinion and expression for countries around
4743-704: The Internet . The Communications Decency Act (CDA) of 1996 was the first major attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of Reno v. ACLU , the US Supreme Court partially overturned the law. Judge Stewart R. Dalzell , one of the three federal judges who in June 1996 declared parts of the CDA unconstitutional, in his opinion stated
Flag Desecration Amendment - Misplaced Pages Continue
4896-624: The Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by
5049-493: The Second Continental Congress from 1775 to 1781 were chosen largely from the revolutionary committees of correspondence in various colonies rather than through the colonial governments of the Thirteen Colonies . The Articles of Confederation and Perpetual Union was the first constitution of the United States. The document was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and
5202-578: The State of the Union , and by the Recommendation Clause , recommends "necessary and expedient" national measures. The president may convene and adjourn Congress under special circumstances. Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article III describes
5355-694: The Virginia Declaration of Rights were incorporated into the Bill of Rights. Upon the arrival of the American Revolution, many of the rights guaranteed by the Federal Bill of Rights were recognized as being inspired by English law. A substantial body of thought had been developed from the literature of republicanism in the United States , typically demonstrated by the works of John Adams , who often quoted Blackstone and Montesquieu verbatim, and applied to
5508-484: The court system (the judicial branch ), including the Supreme Court . The article describes the kinds of cases the court takes as original jurisdiction . Congress can create lower courts and an appeals process and enacts law defining crimes and punishments. Article Three also protects the right to trial by jury in all criminal cases , and defines the crime of treason . Freedom of speech Freedom of speech
5661-539: The egalitarian character of the American people. In a 1787 letter to John Rutledge , Jefferson asserted that "The only condition on earth to be compared with [American government] ... is that of the Indians, where they still have less law than we." American Indian history scholars Donald Grinde and Bruce Johansen claim there is "overwhelming evidence" that Iroquois Confederacy political concepts and ideas influenced
5814-430: The president and subordinate officers ( Article II ); and the judicial , consisting of the Supreme Court and other federal courts ( Article III ). Article IV , Article V , and Article VI embody concepts of federalism , describing the rights and responsibilities of state governments , the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes
5967-438: The right to privacy in the context of the Internet and information technology . As with the right to freedom of expression, the right to privacy is a recognised human right and freedom of information acts as an extension to this right. Freedom of information may also concern censorship in an information technology context, i.e., the ability to access Web content , without censorship or restrictions. Freedom of information
6120-452: The right to privacy , dignity , the right to be forgotten , public security , blasphemy and perjury . Justifications for such include the harm principle , proposed by John Stuart Mill in On Liberty , which suggests that "the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others". The idea of
6273-605: The " Information Society " in stating: We reaffirm, as an essential foundation of the Information society, and as outlined in Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Communication
Flag Desecration Amendment - Misplaced Pages Continue
6426-426: The "offense principle" is also used to justify speech limitations, describing the restriction on forms of expression deemed offensive to society, considering factors such as extent, duration, motives of the speaker, and ease with which it could be avoided. With the evolution of the digital age , application of freedom of speech becomes more controversial as new means of communication and restrictions arise, for example,
6579-421: The 108th Congress, in proposing this amendment, stated: ... 'desecrate' means deface, damage, or otherwise physically mistreat in a way that the actor knows will seriously offend one or more persons likely to observe or discover his action... This seems to suggest that the amendment will apply only to acts where the actor intends offense. Since the amendment would allow prohibition against only "the flag of
6732-574: The 1590s, and it was affirmed in the Protestation of 1621 . Restating what is written in the English Declaration of Right, 1689 , England's Bill of Rights 1689 legally established the constitutional right of freedom of speech in Parliament, which is still in effect. This so-called parliamentary privilege includes no possible defamation claims meaning Parliamentarians are free to speak up in
6885-578: The 50 U.S. states also enacted similar flag protection laws. In 1989, the Supreme Court of the United States overturned all of these statutes by a 5–4 vote in the case Texas v. Johnson as unconstitutional restrictions of public expression. Congress responded to the Johnson decision afterwards by passing another flag protection act. In 1990, the Supreme Court reaffirmed Johnson by the same 5–4 majority in United States v. Eichman declaring that flag burning
7038-533: The 50 states), within a period of seven years following the proposal by both houses of Congress. As can be seen by the votes in the House of Representatives, support for the amendment appears to be slipping with only 286 'yea' votes during the 109th Congress in 2005, in contrast to the 312 'yea' votes almost a decade earlier during the 104th. The chronology of the Congress' action upon the flag-desecration amendment runs over
7191-534: The 74 delegates appointed by the states, 55 attended. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation. Two plans for structuring the federal government arose at the convention's outset: On May 31, the Convention devolved into the Committee of the Whole , charged with considering
7344-545: The Confederation had "virtually ceased trying to govern." The vision of a respectable nation among nations seemed to be fading in the eyes of revolutionaries such as George Washington , Benjamin Franklin , and Rufus King . Their dream of a republic , a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt. On February 21, 1787, the Confederation Congress called
7497-557: The Constitution was submitted to the Congress of the Confederation , then sitting in New York City, the nation's temporary capital. The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government. While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification . Under
7650-592: The Constitution's introductory paragraph, lays out the purposes of the new government: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The opening words, " We
7803-761: The Constitution, the Federalists , and the other opposing it, the so-called Anti-Federalists . Over the ensuing months, the proposal was debated, criticized, and expounded upon clause by clause. In the state of New York , at the time a hotbed of anti-Federalism, three delegates from the Philadelphia Convention who were also members of the Congress— Hamilton , Madison , and Jay —published a series of commentaries, now known as The Federalist Papers , in support of ratification. Before year's end, three state legislatures voted in favor of ratification. Delaware
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#17331066988587956-502: The Constitution] in the manner most beneficial to the people," even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional." Article II describes
8109-651: The Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone , Hume , Locke and Montesquieu were among the political philosophers most frequently referred to. Historian Herbert W. Schneider held that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties. Historian Jack P. Greene maintains that by 1776
8262-471: The Government can fill that role as well. In my view, our action today should only mean that Government's permissible supervision of Internet contents stops at the traditional line of unprotected speech. [...] The absence of governmental regulation of Internet content has unquestionably produced a kind of chaos, but as one of the plaintiff's experts put it with such resonance at the hearing: "What achieved success
8415-415: The Government of all means of protecting children from the dangers of Internet communication. The Government can continue to protect children from pornography on the Internet through vigorous enforcement of existing laws criminalising obscenity and child pornography . [...] As we learned at the hearing, there is also a compelling need for public educations about the benefits and dangers of this new medium, and
8568-524: The House without fear of legal action. This protection extends to written proceedings: for example, written and oral questions, motions and amendments tabled to bills and motions. One of the world's first freedom of the press acts was introduced in Sweden in 1766 ( Swedish Freedom of the Press Act ), mainly due to the classical liberal member of parliament and Ostrobothnian priest Anders Chydenius . In
8721-416: The Internet can be unfiltered, unpolished, and unconventional, even emotionally charged, sexually explicit, and vulgar – in a word, "indecent" in many communities. But we should expect such speech to occur in a medium in which citizens from all walks of life have a voice. We should also protect the autonomy that such a medium confers to ordinary people as well as media magnates.[...] My analysis does not deprive
8874-651: The Iroquois influence thesis is largely the product of "white interpretations of Indians" and "scholarly misapprehension". John Napoleon Brinton Hewitt , who was born on the Tuscarora Indian Reservation , and was an ethnologist at the Smithsonian Institution 's Bureau of Ethnology is often cited by historians of Iroquois history. Hewitt, however, rejected the idea that the Iroquois League had
9027-580: The Law of Nations, to declare war and make rules of war. The final Necessary and Proper Clause , also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles' requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power. The Supreme Court has sometimes broadly interpreted the Commerce Clause and
9180-590: The Laws of England are considered the most influential books on law in the new republic. Madison made frequent reference to Blackstone, Locke, and Montesquieu, all of whom were among the most prominent political theorists of the late eighteenth century. Following the Glorious Revolution of 1688, British political philosopher John Locke was a major influence, expanding on the contract theory of government advanced by Thomas Hobbes , his contemporary. Locke advanced
9333-477: The New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation. The first of these pitted Northern states, where slavery was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor. The issue of proportional representation
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#17331066988589486-404: The People ", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy. Coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, the phrase is considered an improvement on the section's original draft which followed the words We the People with a list of the 13 states. In place of the names of
9639-551: The People's Republic of China is conducted under a wide variety of laws and administrative regulations, including more than sixty regulations directed at the Internet. Censorship systems are vigorously implemented by provincial branches of state-owned ISPs , business companies, and organizations. Saudi Arabia 's government had been intensifying the scrutiny of social media accounts, under which they were detaining several activists, critics and even normal social media users over few critical tweets. A law professor, Awad Al-Qarni became
9792-527: The Senate (with each state's legislators generally choosing their respective senators), and that all money bills would originate in the House. The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the Three-Fifths Compromise ; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of
9945-502: The U.S. Constitution , and are considered to be the most outspoken supporters of the Iroquois thesis. The idea as to the extent of that influence on the founding, however, varies among historians and has been questioned or criticized by various historians, including Samuel Payne, William Starna, George Hamell, and historian and archaeologist Philip Levy , who claims the evidence is largely coincidental and circumstantial. The most outspoken critic, anthropologist Elisabeth Tooker , claimed
10098-399: The U.S. Constitution: An end to the controversy ... or a new beginning?" The report pointed out that the effect of the proposed amendment would likely be challenged on collateral matters in ways that will require the courts, and ultimately the U.S. Supreme Court, to parse the exact meaning of ambiguous terms contained therein. The focus of the report was on the meanings that would be assigned to
10251-469: The Union together and aided the Constitution's ratification, slavery continued for six more decades and the less populous states continue to have disproportional representation in the U.S. Senate and Electoral College . Since the Constitution became operational in 1789, it has been amended 27 times. The first ten amendments, known collectively as the Bill of Rights , offer specific protections of individual liberty and justice and place restrictions on
10404-404: The United States", it could be construed as only applying to flags that are the property of the United States government, as opposed to personal or private property. This language could also be interpreted as being limited to flags that meet the exact specifications for the United States flag laid out in federal law. It is unclear what effect the amendment would have with respect to former flags of
10557-523: The United States, such as the 48-star flag that preceded the admission of Alaska and Hawaii , or the original 13-star Betsy Ross flag , or how far from the traditional definition of a flag a symbol could deviate (for example, having orange stripes instead of red) before falling out of the ambit of the amendment's jurisdiction. The First Amendment Center concluded that the Supreme Court was likely to interpret this language narrowly, resulting in decisions that would not satisfy either proponents or opponents of
10710-429: The Virginia Plan. On June 13, the Virginia resolutions in amended form were reported out of committee. The New Jersey Plan was put forward in response to the Virginia Plan. A Committee of Eleven, including one delegate from each state represented, met from July 2 to 16 to work out a compromise on the issue of representation in the federal legislature. All agreed to a republican form of government grounded in representing
10863-588: The Worldwide Governance Indicators measure for more than 200 countries. Against this backdrop it is important that development agencies create grounds for effective support for a free press in developing countries. Richard Moon has developed the argument that the value of freedom of speech and freedom of expression lies with social interactions. Moon writes that "by communicating an individual forms relationships and associations with others – family, friends, co-workers, church congregation, and countrymen. By entering into discussion with others an individual participates in
11016-447: The actor, and that it is probably a necessary means to that end". Hence Feinberg argues that the harm principle sets the bar too high and that some forms of expression can be legitimately prohibited by law because they are very offensive. Nevertheless, as offending someone is less serious than harming someone, the penalties imposed should be higher for causing harm. In contrast, Mill does not support legal penalties unless they are based on
11169-413: The amendment if required. The full text of the amendment (passed several times by the U.S. House of Representatives ) is as follows: The Congress shall have power to prohibit the physical desecration of the flag of the United States. This proposed amendment would empower Congress to enact statutes criminalizing the burning or other "desecration" of the United States flag in a public protest. The wording
11322-433: The bearer of the general right to freedom of expression for all. However, freedom of the press does not necessarily enable freedom of speech. Judith Lichtenberg has outlined conditions in which freedom of the press may constrain freedom of speech. For example, if all the people who control the various mediums of publication suppress information or stifle the diversity of voices inherent in freedom of speech. This limitation
11475-447: The cases described below. There Justice William J. Brennan Jr. noted that the "principal function of free speech under our system of government is to invite dispute; it may indeed best serve its high purpose when it induces condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger." A USA Today/Gallup Poll in June 2006 has shown 56% supporting a constitutional amendment, down from 63% favoring
11628-401: The close of these discussions, on September 8, a Committee of Style and Arrangement, including Alexander Hamilton from New York , William Samuel Johnson from Connecticut , Rufus King from Massachusetts , James Madison from Virginia, and Gouverneur Morris from Pennsylvania, was appointed to distill a final draft constitution from the 23 approved articles. The final draft, presented to
11781-420: The convention on September 12, contained seven articles, a preamble and a closing endorsement , of which Morris was the primary author. The committee also presented a proposed letter to accompany the constitution when delivered to Congress. The final document, engrossed by Jacob Shallus , was taken up on Monday, September 17, at the convention's final session. Several of the delegates were disappointed in
11934-466: The convention were chosen by the state legislatures of 12 of the 13 original states ; Rhode Island refused to send delegates. The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting the young nation's needs. Almost immediately, however, delegates began considering measures to replace the Articles. The first proposal discussed, introduced by delegates from Virginia , called for
12087-970: The creation of state constitutions . While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like Montesquieu , John Locke and others, Benjamin Franklin and Thomas Jefferson still had reservations about the existing forms of government in Europe. In a speech at the Constitutional Convention Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics ... And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances." Jefferson maintained, that most European governments were autocratic monarchies and not compatible with
12240-501: The debate is characterized by a cacophony of competing harm arguments without any way to resolve them. There is no longer an argument within the structure of the debate to resolve the competing claims of harm. The original harm principle was never equipped to determine the relative importance of harms". Interpretations of both the harm and offense limitations to freedom of speech are culturally and politically relative. For instance, in Russia,
12393-616: The development of knowledge and in the direction of the community". Freedom of speech is not regarded as absolute by some, with most legal systems generally setting limits on the freedom of speech, particularly when freedom of speech conflicts with other rights and protections, such as in the cases of libel , slander , pornography , obscenity , fighting words , and intellectual property . Some limitations to freedom of speech may occur through legal sanction, and others may occur through social disapprobation. In Saudi Arabia, journalists are forbidden to write with disrespect or disapproval of
12546-399: The electorate by withholding information and stifling criticism. Meiklejohn acknowledges that the desire to manipulate opinion can stem from the motive of seeking to benefit society. However, he argues, choosing manipulation negates, in its means, the democratic ideal. Eric Barendt has called this defence of free speech on the grounds of democracy "probably the most attractive and certainly
12699-418: The federal judiciary. On July 24, a Committee of Detail , including John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania), was elected to draft a detailed constitution reflective of the resolutions passed by the convention up to that point. The Convention recessed from July 26 to August 6 to await
12852-433: The first senators and representatives, the first Wednesday of January (January 7, 1789); electing the first president, the first Wednesday of February (February 4); and officially starting the new government, the first Wednesday of March (March 4), when the first Congress would convene in New York City. As its final act, the Congress of Confederation agreed to purchase 10 square miles from Maryland and Virginia for establishing
13005-463: The flag be physically damaged, or made to appear damaged? It is also unclear whether "virtual flag desecration" (which could be defined as an artistic depiction of flag desecration, a computerized simulation of flag desecration, or burning any object which has a flag on it) would be subject to the amendment. There is also the question whether the perpetrator of such an act is required to have a specific intent to "desecrate" to be prosecuted. The Report of
13158-456: The flag, while 34% said it should be legal. During each term of Congress from 1995 to 2005, the proposed amendment was passed by the House of Representatives, but not the Senate, falling four votes short on two occasions in the upper house. As approved by the House of Representatives each time, the joint resolutions called for ratification by state legislatures, of which a minimum of 38 state legislative approvals would be required (three-fourths of
13311-480: The focus of each Article remains the same as when adopted in 1787. Article I describes the Congress , the legislative branch of the federal government. Section 1 reads, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives ." The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be
13464-401: The following: The Internet is a far more speech-enhancing medium than print , the village green , or the mails . Because it would necessarily affect the Internet itself, the CDA would necessarily reduce the speech available for adults on the medium. This is a constitutionally intolerable result. Some of the dialogue on the Internet surely tests the limits of conventional discourse. Speech on
13617-870: The form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or public order (ordre public), or of public health or morals ". Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to libel , slander , obscenity , pornography , sedition , incitement , fighting words , hate speech , classified information , copyright violation , trade secrets , food labeling , non-disclosure agreements ,
13770-415: The founders drew heavily upon Magna Carta and the later writings of "Enlightenment rationalism" and English common law . Historian Daniel Walker Howe notes that Benjamin Franklin greatly admired David Hume , an eighteenth-century Scottish philosopher, and had studied many of his works while at Edinburgh in 1760. Both embraced the idea that high-ranking public officials should receive no salary and that
13923-670: The freedom of expression, is recognised in international and regional human rights law . The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights , Article 10 of the European Convention on Human Rights , Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights . Based on John Milton 's arguments, freedom of speech
14076-400: The freedom of speech, for example, speech codes at state-operated schools . In the U.S., the standing landmark opinion on political speech is Brandenburg v. Ohio (1969), expressly overruling Whitney v. California . In Brandenburg , the U.S. Supreme Court referred to the right even to speak openly of violent action and revolution in broad terms: [Our] decisions have fashioned
14229-436: The fullest liberty of expression is required to push arguments to their logical limits, rather than the limits of social embarrassment. In 1985, Joel Feinberg introduced what is known as the "offence principle". Feinberg wrote, "It is always a good reason in support of a proposed criminal prohibition that it would probably be an effective way of preventing serious offence (as opposed to injury or harm) to persons other than
14382-637: The government, and some paid nothing. A few states did meet the interest payments toward the national debt owed by their citizens, but nothing greater, and no interest was paid on debts owed foreign governments. By 1786, the United States was facing default on its outstanding debts. Under the Articles, the United States had little ability to defend its sovereignty. Most of the troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny. Spain closed New Orleans to American commerce, despite
14535-638: The harm and offense principles have been used to justify the Russian LGBT propaganda law restricting speech (and action) concerning LGBT issues. Many European countries outlaw speech that might be interpreted as Holocaust denial . These include Austria, Belgium, Canada, the Czech Republic, France, Germany, Hungary, Israel, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Russia, Slovakia, Switzerland and Romania. Armenian genocide denial
14688-412: The harm principle. Because the degree to which people may take offence varies, or may be the result of unjustified prejudice, Feinberg suggests that several factors need to be taken into account when applying the offence principle, including: the extent, duration and social value of the speech, the ease with which it can be avoided, the motives of the speaker, the number of people offended, the intensity of
14841-460: The idea of separation had for its purpose the even distribution of authority among the several branches of government. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. Both require jury trials , contain a right to keep and bear arms , prohibit excessive bail and forbid " cruel and unusual punishments ". Many liberties protected by state constitutions and
14994-415: The information age. This includes factual data, personal data , genetic information and pure ideas . The commodification of information is taking place through intellectual property law, contract law , as well as broadcasting and telecommunications law. Freedom of information is an extension of freedom of speech where the medium of expression is the Internet . Freedom of information may also refer to
15147-418: The internet " ... may be used to attack, harass, and silence as much as it is used to illuminate or debate". The Electronic Frontier Foundation (EFF) has argued that "censorship cannot be the only answer to disinformation online" and that tech companies "have a history of overcorrecting and censoring accurate, useful speech—or, even worse, reinforcing misinformation with their policies." According to Wu, in
15300-636: The internet. Internet censorship includes the control or suppression of the publishing or accessing of information on the Internet. The Global Internet Freedom Consortium claims to remove blocks to the "free flow of information" for what they term "closed societies". According to the Reporters without Borders (RWB) "internet enemy list" the following states engage in pervasive internet censorship: Mainland China, Cuba, Iran, Myanmar / Burma , North Korea, Saudi Arabia, Syria, Turkmenistan , Uzbekistan , and Vietnam. A widely publicized example of internet censorship
15453-417: The language would permit the prohibition of all forms of flag desecration , which may take forms other than burning, such as using the flag for clothing or napkins. The most recent legislative attempt to propose a flag desecration amendment to come to a vote in both the House and Senate in the same congressional session failed in the Senate by one vote on June 27, 2006. Senator Steve Daines (R-MT) introduced
15606-534: The liberty said to be represented by that national symbol. While the proposal passed by the two-thirds majority required in the House of Representatives several times, in each instance it failed to attain the same required super-majority in the Senate , or was never voted upon in the Senate at all. While the proposed amendment is frequently referred to colloquially in terms of expression of political views through "flag burning",
15759-677: The lower class was a better judge of character when it came to choosing their representatives. In his Institutes of the Lawes of England , Coke interpreted Magna Carta protections and rights to apply not just to nobles, but to all British subjects. In writing the Virginia Charter of 1606 , he enabled the King in Parliament to give those to be born in the colonies all rights and liberties as though they were born in England. William Blackstone's Commentaries on
15912-401: The most fashionable free speech theory in modern Western democracies". Thomas I. Emerson expanded on this defence when he argued that freedom of speech helps to provide a balance between stability and change . Freedom of speech acts as a "safety valve" to let off steam when people might otherwise be bent on revolution . He argues that "The principle of open discussion is a method of achieving
16065-482: The most notable proponents of the link between freedom of speech and democracy is Alexander Meiklejohn . He has argued that the concept of democracy is that of self-government by the people. For such a system to work, an informed electorate is necessary. In order to be appropriately knowledgeable, there must be no constraints on the free flow of information and ideas. According to Meiklejohn, democracy will not be true to its essential ideal if those in power can manipulate
16218-415: The nation's first constitution , on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government . The Constitution's first three articles embody the doctrine of the separation of powers , in which the federal government is divided into three branches: the legislative , consisting of the bicameral Congress ( Article I ); the executive , consisting of
16371-457: The need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of Polybius 's 2nd century BC treatise on the checks and balances of the Roman Republic ). In his The Spirit of Law , Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial, while also emphasizing that
16524-524: The newly formed states. Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as strong as any similar republican confederation ever formed. The chief problem was, in the words of George Washington , "no money." The Confederated Congress could print money, but it was worthless, and while the Congress could borrow money, it could not pay it back. No state paid its share of taxes to support
16677-411: The offence, and the general interest of the community at large. Jasper Doomen argued that harm should be defined from the point of view of the individual citizen, not limiting harm to physical harm since nonphysical harm may also be involved; Feinberg's distinction between harm and offence is criticized as largely trivial. In 1999, Bernard Harcourt wrote of the collapse of the harm principle: "Today
16830-521: The office, qualifications, and duties of the President of the United States and the Vice President . The President is head of the executive branch of the federal government , as well as the nation's head of state and head of government . Article two is modified by the 12th Amendment , which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president
16983-425: The only remaining legal avenue to enact flag protection statutes—a constitutional amendment. Following the Johnson decision, successive sessions of Congress considered creating a flag desecration amendment. From 1995 to 2005, beginning with the 104th Congress , the proposed amendment was approved biennially by the two-thirds majority necessary in the U.S. House of Representatives, but it consistently failed to achieve
17136-414: The opportunity and means in which freedom of expression is manifested within court proceedings. As a general principle freedom of expression may not limit the right to privacy , as well as the honor and reputation of others. However, greater latitude is given when criticism of public figures is involved. The right to freedom of expression is particularly important for media , which play a special role as
17289-541: The people in the states. For the legislature, two issues were to be decided: how the votes were to be allocated among the states in the Congress, and how the representatives should be elected. In its report, now known as the Connecticut Compromise (or "Great Compromise"), the committee proposed proportional representation for seats in the House of Representatives based on population (with the people voting for representatives), and equal representation for each State in
17442-434: The phrases, "physical desecration" and "flag of the United States". The phrase "physical desecration" might be open to various interpretations concerning the uncertainty of the context of desecration. For example, uncertainty exists over whether the term includes the wearing of the flag as clothing, as a tattoo, or flying a flag upside-down. It is uncertain what can be interpreted as "physical desecration". Does it require that
17595-541: The power to ban flag desecration intended to intimidate or breach peace on federal land, was 36–64. Opponents pointed to the proximity of the vote to the November 7, 2006 Congressional Election, and claimed that the vote (and a recent vote on the Federal Marriage Amendment ) was election year grandstanding. In 2005, the First Amendment Center published a report titled "Implementing a Flag-Desecration Amendment to
17748-407: The power to regulate and govern military forces and militias , suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Congress has the power to define and punish piracies and offenses against
17901-563: The powers of government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. The original U.S. Constitution was handwritten on five pages of parchment by Jacob Shallus . The first permanent constitution, it
18054-479: The preservation of the Union." The proposal might take effect when approved by Congress and the states. On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present, and the convention's opening meeting was postponed for lack of a quorum. A quorum of seven states met on May 25, and deliberations began. Eventually 12 states were represented, with Rhode Island refusing to participate. Of
18207-418: The president commissions all the offices of the federal government as Congress directs; and may require the opinions of its principal officers and make " recess appointments " for vacancies that may happen during the recess of the Senate. The president ensures the laws are faithfully executed and may grant reprieves and pardons with the exception of Congressional impeachment . The president reports to Congress on
18360-523: The principle of consent of the governed in his Two Treatises of Government . Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property . Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78 . Jefferson, Adams, and Mason were known to read Montesquieu. Supreme Court Justices ,
18513-488: The principle of freedom of speech , enshrined in the First Amendment to the United States Constitution and symbolized by the flag itself. The theories underlying these First Amendment principles include: a robust national discourse about political and social ideas; individual self-realization; the search for truth; and speech as a "safety valve". These concepts are expounded in both the majority and dissenting opinions of
18666-771: The principle of public access to official records in Sweden. Excluded were defamation of the king's majesty and the Swedish Church . The Declaration of the Rights of Man and of the Citizen , adopted during the French Revolution in 1789, specifically affirmed freedom of speech as an inalienable right. Adopted in 1791, freedom of speech is a feature of the First Amendment to the United States Constitution . The French Declaration provides for freedom of expression in Article 11, which states that: The free communication of ideas and opinions
18819-456: The principle that the constitutional guarantees of free speech and free press do not allow a State to forbid or proscribe advocacy of the use of force or law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or cause such action. The opinion in Brandenburg discarded the previous test of "clear and present danger" and made
18972-504: The procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of the Constitution , often referred to as its framing, was completed at the Constitutional Convention , which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Delegates to
19125-400: The process of accountability that follows it, have a significant impact on the quality of governance of a country. "Voice and Accountability" within a country, defined as "the extent to which a country's citizens are able to participate in selecting their government , as well as freedom of expression, freedom of association , and free media " is one of the six dimensions of governance that
19278-545: The process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority. Two factions soon emerged, one supporting
19431-460: The proposed amendment. These questions would necessarily await the interpretative role of the courts, and such a process would likely require several years for the resolution of each issue. Constitution of the United States [REDACTED] [REDACTED] The Constitution of the United States is the supreme law of the United States . It superseded the Articles of Confederation ,
19584-498: The prospect of defeat, the Federalists relented, promising that if the Constitution was adopted, amendments would be added to secure individual liberties. With that, the anti-Federalists' position collapsed. On June 21, 1788, New Hampshire became the ninth state to ratify. Three months later, on September 17, the Congress of the Confederation certified the ratification of eleven states, and passed resolutions setting dates for choosing
19737-523: The protests of U.S. officials. When Barbary pirates began seizing American ships of commerce, the Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the Treaty of Paris in 1783
19890-488: The purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished. Finally, the delegates adopted the Connecticut Compromise , which proposed a Congress with proportional representation in the lower house and equal representation in the upper house (the Senate) giving each state two senators. While these compromises held
20043-624: The remainder of the 109th Congress. On March 7, 2006, Senate Majority Leader Bill Frist announced that he would bring the bill for consideration in June 2006. On Monday, June 26, 2006, the Senate began debate on the proposed amendment. The following day, the amendment, sponsored by Senator Orrin Hatch , fell one vote short in the Senate, with 66 in support and 34 opposed. The Republican nay votes were Bob Bennett (UT), Lincoln Chafee (RI), and Mitch McConnell (KY). The vote on Senator Richard Durbin 's alternative amendment, which would have given Congress
20196-425: The report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the convention, adding some elements. A twenty-three article (plus preamble) constitution was presented. From August 6 to September 10, the report of the committee of detail was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected. Toward
20349-442: The result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony and three others refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up, addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it
20502-608: The right to freedom of (political) speech protections in the United States almost absolute. Hate speech is also protected by the First Amendment in the United States, as decided in R.A.V. v. City of St. Paul , (1992) in which the Supreme Court ruled that hate speech is permissible, except in the case of imminent violence. See the First Amendment to the United States Constitution for more detailed information on this decision and its historical background. Limitations based on time, place, and manner apply to all speech, regardless of
20655-587: The rights of government, and their responsibilities. Education and ethical conduct would be crushed; coarseness in thought, speech, and manners would prevail, and dimness would darken the entire sky of our freedom in a few years. Under the leadership of Anders Chydenius, the Caps at the Swedish Riksdag in Gävle on December 2, 1766, passed the adoption of a freedom of the press regulation that stopped censorship and introduced
20808-520: The royal family, religion, or the government. Journalists are also not given any legal protection for their writing in Saudi Arabia. Journalist Jamal Khashoggi was a critic of the Saudi Arabian government. He was killed in 2018 by Saudi Arabian officials for his writing. Some views are illegal to express because they are perceived by some to be harmful to others. This category often includes speech that
20961-558: The same constitutionally required super-majority vote in the U.S. Senate. During some sessions, the proposed amendment did not even come to a vote in the Senate before the expiration of the Congress' term. In June 2006 during the 109th Congress , the amendment failed by one vote in the Senate. Some Senate Republican aides indicated that almost a dozen of the Republican senators who voted for the amendment were privately opposed to it, and they believed that these senators would have voted to defeat
21114-416: The spirit of the Articles. In September 1786, during an inter–state convention to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected, James Madison questioned whether the Articles of Confederation was a binding compact or even a viable government. Connecticut paid nothing and "positively refused" to pay U.S. assessments for two years. A rumor at
21267-477: The states Morris substituted "of the United States" and then listed the Constitution's six goals, none of which were mentioned originally. The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. Despite these changes,
21420-653: The time was that a seditious party of New York legislators had opened a conversation with the Viceroy of Canada . To the south, the British were said to be openly funding Creek Indian raids on Georgia, and the state was under martial law . Additionally, during Shays' Rebellion (August 1786 – June 1787) in Massachusetts, Congress could provide no money to support an endangered constituent state. General Benjamin Lincoln
21573-620: The time, place and manner outlook to protest funeral proceedings. Because of recent flare ups of this occurring, legislation has been put to action to limit this. Now, funeral protests are governed and prohibited by law on a state-to-state basis inside the United States. Jo Glanville, editor of the Index on Censorship , states that "the Internet has been a revolution for censorship as much as for free speech". International, national and regional standards recognise that freedom of speech, as one form of freedom of expression, applies to any medium, including
21726-567: The ultimate interpreters of the constitution, have cited Montesquieu throughout the Court's history. (See, e.g. , Green v. Biddle , 21 U.S. 1, 1, 36 (1823). United States v. Wood , 39 U.S. 430, 438 (1840). Myers v. United States , 272 U.S. 52, 116 (1926). Nixon v. Administrator of General Services , 433 U.S. 425, 442 (1977). Bank Markazi v. Peterson , 136 U.S. 1310, 1330 (2016).) Montesquieu emphasized
21879-461: The view expressed. They are generally restrictions that are intended to balance other rights or a legitimate government interest . For example, a time, place, and manner restriction might prohibit a noisy political demonstration at a politician's home during the middle of the night, as that impinges upon the rights of the politician's neighbors to quiet enjoyment of their own homes. An otherwise identical activity might be permitted if it happened at
22032-460: The world, using a survey of in-country human rights experts. Freedom of speech and expression has a long history that predates modern international human rights instruments . It is thought that the ancient Athenian democratic principle of free speech may have emerged in the late 6th or early 5th century BC. Freedom of speech was vindicated by Erasmus and Milton . Edward Coke claimed freedom of speech as "an ancient custom of Parliament" in
22185-430: Was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed March 1, 1781. The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to the Articles, required legislative approval by all 13 of
22338-615: Was constitutionally protected free speech. In both cases, William J. Brennan Jr. wrote the majority opinion, joined by Thurgood Marshall , Harry Blackmun , Antonin Scalia , and Anthony Kennedy (Kennedy also authored a separate concurrence in Johnson ), and the dissenters in both cases were then-Chief Justice William Rehnquist (who authored a dissent in Johnson ), and justices John Paul Stevens (who authored dissents in both cases), Byron White and Sandra Day O'Connor . The decisions were controversial and have prompted Congress to consider
22491-419: Was famously summarised as "Freedom of the press is guaranteed only to those who own one". Lichtenberg argues that freedom of the press is simply a form of property right summed up by the principle "no money, no voice". Freedom of speech is usually seen as a negative right . This means that the government is legally obliged to take no action against the speaker based on the speaker's views, but that no one
22644-425: Was first, voting unanimously 30–0; Pennsylvania second, approving the measure 46–23; and New Jersey third, also recording a unanimous vote. As 1788 began, Connecticut and Georgia followed Delaware's lead with almost unanimous votes, but the outcome became less certain as leaders in key states such as Virginia, New York, and Massachusetts expressed concerns over the lack of protections for people's rights. Fearing
22797-401: Was obliged to raise funds from Boston merchants to pay for a volunteer army. Congress was paralyzed. It could do nothing significant without nine states, and some legislation required all 13. When a state produced only one member in attendance, its vote was not counted. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement. The Congress of
22950-508: Was of similar concern to less populous states, which under the Articles had the same power as larger states. To satisfy interests in the South, particularly in Georgia and South Carolina, the delegates agreed to protect the slave trade, that is, the importation of slaves, for 20 years. Slavery was protected further by allowing states to count three-fifths of their slaves as part of their populations, for
23103-427: Was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke . The influence of Montesquieu, Locke, Edward Coke and William Blackstone were evident at
23256-402: Was signed between Britain and the U.S., and named each of the American states, various states proceeded to violate it. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands. Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and made war, all violating the letter and
23409-435: Was the very chaos that the Internet is. The strength of the Internet is chaos." Just as the strength of the Internet is chaos, so that strength of our liberty depends upon the chaos and cacophony of the unfettered speech the First Amendment protects. The World Summit on the Information Society (WSIS) Declaration of Principles adopted in 2003 makes specific reference to the importance of the right to freedom of expression for
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