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Free Speech and Case Briefing Essay
Free Speech and Case Briefing Paper
Free speech is a constitutionally protected right and freedom under the First Amendment to the US Constitution. It is important in our democracy because it creates an enabling or conducive environment whereby every citizen can speak and express themselves freely on political, social, and economic issues that are of public importance and interest. Free speech is also important to democracy since it promotes the free exchange of ideas and the challenge of those ideas without undue limitations. It also enhances our democracy by giving citizens the opportunity to criticize their leaders and challenge them to be accountable and transparent in their representation. However, the protection on the right to free speech is not absolute because free unregulated or unfettered freedom of expression may be abused by being used to advocate for war, propagate propaganda, defame others, and incite people to violence. Hence, for these and other public policy reasons or grounds, the right to free speech is not absolute and may be limited under certain circumstances. Moreover, some types of speech such as political speech are more protected than others such as economic speech because the former goes to the very root of our democracy and human existence besides the likelihood of being unduly restricted by the government, hence the need for more protection.
Case Brief of Texas v. Johnson
Summary of the Facts
The respondent, Gregory Lee Johnson in 1984 burned an American flag in front of the Dallas City Hall where the Republican National Convention was taking place. This was part of his protection against the policies of the then Reagan administration. Consequently, the Dallas police arrested him and charged with the offense of violating a Texas statute that criminalized the discretion of a venerated object, such as an American flag where such an action would incite .............GET A PLAGIARISM FREE COPY