Tuesday, September 24, 2019

Freedom of Expression As Curtailed In the First Amendment Research Paper

Freedom of Expression As Curtailed In the First Amendment - Research Paper Example This research is being carried out to establish the source from which the concept of Sedition is originated. In the US for instance, the Constitution as evidenced in the First Amendment provides for freedom of religion and expression. Similar constitutes on free speech, press, Â  and to petition assembly and address for grievances, and the implied rights of association and belief. The Supreme Court’s interpretation of the degree of protection accorded by these rights also applies to the federal government in its entirety. Moreover, the Court has on a number of occasions applied an interpretation technique to the due process as curtailed in the Fourteenth Amendment as a clause meant to protect individuals from interference by state governments. fundamental components of liberty of expression include the right of autonomy to speech and press independence. Freedom of expression permits people to communicate without any form of intrusion from the authority. The Supreme Court has prominence on matters involving the government and interference to press freedom and freedom of association. The content-neutral legislation applies such strict mechanisms. The Supreme Court further documented the fact that a federal or central government posses power. This prevents speech that might facilitate a breach of the peace or promote aggression. The concept of sedation originated as a provision for rights to freedom and expression as provided in the country’s constitution. Sedition Sedation is defined as issuing statements that are likely to incite the public against the government. Sedition is a common law offense that is usually expressed through acts of intention aimed at Generating hatred between the public and the government Cause an unlawful issuance or publication of materials that dishonors the government Considering the points stated above, sedation could be described as unlawful language that may jeopardize state’s security. A statement or an action is considered an act of sedation if it threatens state’s security or incites hatred among the people. This description raises serious issues on the role of press freedom and the ability to sustain a free press. Certainly, press freedom and freedom of expression cannot thrive in the midst of sedation. Brief Historical Origin of the Concept The concept of sedation was developed in 1798 and 1801, following the threats of a French invasion. Prior to the developments, nearly twenty-six individuals had been charged in the federal court for publishing or collaborating in the printing of counterfeit news. In addition, people would be charged in a court of law for speaking in public with the intention of undermining the regime. Media house owners and other prominent personalities were detained and charged with treason and unlawful conduct. For example, publishing an article on John Adams the US led to the arrest of the journalist behind the story. In this case, political opponents of the government were the main defendants. The prosecution and judicial preceding raised heated debate on the role of a free press within a democratic country. The first federal trial connected to the case led to a widespread public uproar that threatened the credibility of the judicial service. This promoted discussions on political impudence and the role of judges on press freedom matters. The case further raised concern on the relationship between the state and the judiciary. Arguably, the judiciary is supposed to be an independent state authority that is free from the influence of the government. The Act which was passed in July 1798 but which until now has been subjected to numerous amendments, has provision for the punishment of people and journalists who make false declarations with the intentionally of defaming the federal

No comments:

Post a Comment