Asked by: Emerald Zschauer
news and politics law

When did Holmes believe it was acceptable to restrict freedom of speech?

Last Updated: 29th April, 2020

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The concept of "clear and present danger" is a rationale for the limitation of free speech originated in a majority opinion written in 1919 by Supreme Court Justice Oliver Wendell Holmes.

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Herein, is it ever right for governments to restrict freedom of speech?

In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws.

what type of speech is not protected by the First Amendment? Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial

Similarly, you may ask, what is the classic example of a constitutionally permissible restriction on free speech?

These restrictions can include include the incitement to crime (such as falsely yelling “Fire! ” in a crowded movie theater); fighting words (which are words that are likely to induce the listener to get in a fight); true threats; obscenity; child pornography; defamation; invasion of privacy; intentional infliction of

Which event has caused the United States government to restrict freedom of speech?

The "clear and present danger" test is a basic principle for deciding the limits of free speech. It was set by the famous Schenck v. the United States case from World War I. Antiwar activist Charles Schenck was arrested for sending leaflets to prospective army draftees encouraging them to ignore their draft notices.

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Khamsa Clamote

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What are some examples of freedom of speech?

Here in the United States, examples of freedom of speech include criticisms against the government, and the promotion of ideas or beliefs that others might find to be controversial. In the U.S., these kinds of statements are allowed, within the constraints of the “offense principle,” or the “harm principle.”

Synthia Tahiri

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What counts as freedom of speech?

Freedom of speech includes the right:
Not to speak (specifically, the right not to salute the flag). Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”). Tinker v. Des Moines, 393 U.S. 503 (1969).

Noumidia Querci

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What are the disadvantages of freedom of speech?

List of the Cons of Freedom of Speech
  • Freedom of speech does not mean the freedom to have “all” speech.
  • Freedom of speech can spread false information.
  • Freedom of speech can incite violence against other people.
  • Freedom of speech creates a paradox.
  • Freedom of speech can create a mob mentality.

Nazarena Oldemans

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What is protected under freedom of speech?

Although different scholars view unprotected speech in different ways, there are basically nine categories: Obscenity. Fighting words. Defamation (including libel and slander) Child pornography.

Alethea Burkler

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Why is it important to have freedom of speech?

Freedom of expression is a fundamental human right. It reinforces all other human rights, allowing society to develop and progress. The ability to express our opinion and speak freely is essential to bring about change in society. Free speech is important for many other reasons.

Gitta Rohlich

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Does freedom of speech give the right to use hate speech?

Hate speech in the United States is not regulated, in contrast to that of most other liberal democracies, due to the robust right to free speech found in the American Constitution. The U.S. Supreme Court has repeatedly ruled that hate speech is legally protected free speech under the First Amendment.

Deneen Ehrenzweig

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Are rights absolute?

Rights are absolute in the sense that they must be consistent with your nature and rights as a human being. If your right to your life were limited or denied by the government, then all other rights are also limited, not possible or cannot be exercised.

Melodee Amsellem

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What is the right to freedom of press?

freedom of the press. The right to circulate opinions in print without censorship by the government. Americans enjoy freedom of the press under the First Amendment (see also First Amendment) to the Constitution.

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Why was freedom of speech created?

One of the founding principles of the United States that Americans cherish is the right to freedom of speech. Enshrined in the First Amendment to the Constitution, freedom of speech grants all Americans the liberty to criticize the government and speak their minds without fear of being censored or persecuted.

Yilena Coeler

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What does the Fourth Amendment protect citizens from?

The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.

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Is polygamy protected by the First Amendment?

The Court ruled unanimously that a law banning polygamy was constitutional, and did not infringe upon individuals' First Amendment right to free exercise of religion.

Cleiton Holy

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What are the six rights in the First Amendment?

The words of the First Amendment itself establish six rights: (1) the right to be free from governmental establishment of religion (the “Establishment Clause”), (2) the right to be free from governmental interference with the practice of religion (the “Free Exercise Clause”), (3) the right to free speech, (4) the right

Toni Calero

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Where is there no freedom of speech?

Of course, we don't need to imagine what a society with no free speech means in authoritarian states like Egypt, Russia, Iran, or Saudi Arabia, where dissidents and reporters languish in jail.

Lu Guckenheim

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How is freedom of religion limited?

The First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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Valerii Lapusan

Reviewer

What are the important restrictions on government action set forth in the First Amendment?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Bari Baticon

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What is not protected by free speech?

Not all speech is protected. The Supreme Court has called the few exceptions to the 1st Amendment "well-defined and narrowly limited." They include obscenity, defamation, fraud, incitement, true threats and speech integral to already criminal conduct.

Guofeng Glaziev

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What is seditious speech?

Seditious speech in the United States
Seditious speech is speech directed at the overthrow of government. It includes speech attacking basic institutions of government, including particular governmental leaders. Its criminalization dates back at least as far as the Alien and Sedition Act.

Agnes Suetterle

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Can public colleges restrict free speech?

The First Amendment to the Constitution protects speech no matter how offensive its content. Restrictions on speech by public colleges and universities amount to government censorship, in violation of the Constitution.