Friday, December 3, 2010

What is the significance of the first amendment with speech and press?

The first amendment prohibits government interference in free expression, religion and individual and public protests against government policies. The freedom expression provision is the First Amendment ban against government abridgement of freedom of speech and freedom of press. Freedom of expression was limited in the Alien and Sedition Acts of 1798. However, the government cannot suppress a publication in advance. Government restrictions can be justified in a time of war. An action has to pass the Incitement Standard, a four-part test, to determine whether an advocacy speech is constitutionally protected.

In the press, this gives the press the freedom to work as a watchdog against the government. This makes investigative journalism possible. This is beneficial to the people because unlike authoritarians, the government cannot censor certain articles that portray them negatively. In speech, this gives people the right to state their own opinions without having repercussions. Yet, public endangerment is not permitted. You cannot yell “fire” in a crowd of people. You can speak your opinion about heath care at an event.

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