Freedom of Expression: The First Amendment to the United States Constitution
Introduction
Freedom of expression is a fundamental right enshrined in the First Amendment of the United States Constitution. It guarantees the freedom to express oneself, including opinions, ideas, beliefs, and other forms of communication, without the fear of government interference or censorship. In the United States, freedom of expression is broadly interpreted to include a wide range of forms, such as written and spoken words, artistic expression, symbolic speech, and even non-verbal forms, such as clothing and personal adornment.
Freedom of speech is, however, not absolute and can be restricted under certain circumstances. For example, speech that incites violence, presents danger or constitutes defamation is not protected (Angus & Jhally, 2022). Additionally, certain types of speech, such as obscenity and child pornography, are not covered under the First Amendment. However, courts have generally been protective of free speech rights, and restrictions on speech are usually not allowed in limited circumstances. The Supreme Court has stated that even offensive, unpopular, and controversial addresses are protected under the First Amendment.
Generally, freedom of speech is a foundational right in the United States and is essential to the functioning of a democratic society. It allows individuals to express their opinions, engage in political discourse, and contribute to the marketplace of ideas without the fear of censorship or government repression. It is, therefore, essential to understand this right in-depth, how it can be used, and how it manifests itself in the United States, which is the sole aim of this paper.
Literature Review
The Freedom of expression is one of the most important civil liberties in the United States. It has a wide and varied history and is generally regarded as a legal and moral right. This literature review examines the history of freedom of expression in the United States. It also explores its significance, how it can be implemented, and some vivid examples of the freedomās application.
History of Freedom of Expression
The First Amendment to the United States Constitution was ratified in 1791, and it guarantees freedom of speech, press, religion, assembly, and petition. The amendment was introduced by James Madison, who was concerned that without such protections, the government could abuse its power and infringe on the rights of its citizens (Plattner, 2020). The First Amendment has been interpreted and expanded over the years through various landmark Supreme Court cases, including Schenk v. United States (1919), which established the āclear and present dangerā test, and New York Times Co v. United States (1971), which established the āprior restraintā doctrine.
Forms of Freedom of Expression
As explained above, numerous forms of expression exist in the First Amendment of the United States Constitution. These forms of expression can be used together or individually to actualize the intended goal. The first form is speech, a form of expression that refers to spoken words and written or printed comments. In the United States, all forms of speech are protected regardless of whether they are controversial or unpopular. Protected address includes political speeches, protests, and public debates. For example, the March for Our Lives rallies in Washington D. C. in 2018 demonstrated free speech, as participants spoke out against gun violence and called for stricter gun control laws.
The press is another form of freedom of expression that refers to the release of the media to report news and express options without censorship or government interference. The press plays a vital role in democracy by informing citizens about current events and holding government officials accountable. Magazines, newspapers, and online news sites are examples of the press protected by the First Amendment. New York Times is well known for its long history of reporting on controversial topics and challenging the government, such as during the Watergate scandal in the 1970s.
Third is artistic expression, which includes any form of creative work, such as music, theatre, dance, literature, and visual arts. Artists can create and display their work without fear (Hoofnagle, Sloot & Borgesius, 2019). One example of the implementation of this expression is in Broadway plays, art exhibits, and music concerts. Also, this phenomenon has been seen in the musical Hamilton, where traditional notions of American history are challenged and diverse voices and perspectives are incorporated.
Internet and social media are other forms of expression that have recently gained popularity as technology advances (Ullmann &Tomalin, 2020). It is one of the most used and necessary forms of expression as the message quickly reaches a more significant population. Online indications include blogs, social media posts, and online forums. For instance, the MeToo movement gained momentum on social media as individuals shared their experiences of sexual harassment and assault and advocated for change.
A symbolic expression is a form of expression that involves nonverbal communication, such as wearing a political button or displaying a protest sign. The Black Power Salute at the 1968 Olympics and the recent trend of kneeling during the national anthem to protest police brutality are symbolic expressions in the United States that effectively convey the intended message and promote positive changes. Lastly, commercial speech is the right of businesses to advertise and promote their products or service. While First Amendment protects commercial speech, it is subject to some limitations, such as false or misleading advertising. Commercial speech in the United States includes television and radio commercials, billboards, and online ads. This expression was implemented by a fast-food chain, Burger King when they started a controversial campaign in 2020 that addressed the issue of mental health and encouraged customers to ‘feel your way’ through their menu.
Various forms of expression are vital in ensuring a smoothly running nation. It protects minority rights by allowing individuals to express their views and experiences, which can help raise awareness of issues affecting minority groups. It also encourages innovation and progress. This is particularly important in fields such as science and technology, where discoveries and advancements are critical for improving the quality of life. Without freedom of speech, these ideas and discoveries would have been suppressed, and progress would have been hindered (Kmezic, 2020). Simultaneously, allowing individuals to express unconventional ideas stimulates new ways of thinking, thus ultimately leading to innovation and progress. This paper aims to explore how much this is utilized.
Methodology
Data Collection Tools
- Interview – these will be conducted by the researchers in English or a language comfortable to the participant. The participant can choose a time and venue they see fit.
All the participants will be treated respectfully, and verbal consent will be sought before the interview begins.
- Questionnaire – a questionnaire will be provided which provides a relatively cheap, quick, and efficient way to obtain much of the needed information from the sampled population
The questionnaire will contain open-ended and closed-ended questions; all participants’ identities will be confidential.
Study Execution
Execution of the research involved both conducting and monitoring the proposed activity. In addition, the project plan was revised and updated according to the lessons and conditions that emerged. The study area will be utilized together with the sample population chosen to successfully bring the study into conclusion with the desired goal reached. A step-by step plan will be enacted to ensure a smooth execution phase.
Data Collection and Analysis
Before any data collection commences, the researcher will go through the ethical considerations with the participants and ensure that all concerns are considered. Self-administered questionnaires administered to the participants are the technique used for data collection. The data collection tool will be a semi-structured questionnaire containing open and closed-ended questions. Data processing of quantitative data will be done by editing, coding, classification, and entering into a database on Microsoft excel. Processed data will then be presented in texts and paragraphs to make interpretation easier.
Data Security
The data will be coded to protect the research participants’ identities. Furthermore, the data is stored on external devices to avoid data loss in the event of theft or software malfunction. To ensure confidentiality of the participantsā feedback, their names will not be included in the questionnaires and interviewees will be trained on confidentiality. This way, the data collected will be secure and the source of the data will also be safe.
Conclusion
The freedom of expression is a vital ingredient for the growth of any institution and as discussed above, the nation. There are various forms of freedom of expression which include the internet and mass media, artistic expression, press, speech and many more. All these forms of expression in unison promote national development by primarily improving democracy. It is therefore important to understand this right and carry studies into it and continue protecting and promoting it.
References
Hoofnagle, J., Sloot, B., & Borgesius, Z. (2019). The European Union general data protection regulation: What it is and what it means. Information and Communication Technology, 28(1), 65-98.
Angus, H. & Jhally, S. (2022). The political economy of culture. In Jhally, S. (Ed.), Cultural politics in contemporary America (pp. 65-81). Abingdon, Oxfordshire: Routledge.
Kmezic, M. (2020). Rule of law and democracy in the Western Balkans: Addressing the gap between policies and practice. Southeast European and Black Sea Studies, 20(1), 183ā198.
Plattner, M. (2020). Illiberal democracy and the struggle on the right. The Emergence of Illiberalism, 30(1), 5ā19.
Ullmann, S., & Tomalin, M. (2020). Quarantining online hate speech: A technical and ethical perspective. Ethics and Information Technology, 22, 69-80.