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freedom of speech |
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freedom of speechRight, as stated in the 1st and 14th Amendments to the Constitution of the United States, to express information, ideas, and opinions free of government restrictions based on content. A modern legal test of the legitimacy of proposed restrictions on freedom of speech was stated in the opinion by Oliver Wendell Holmes, Jr. in Schenk v. U.S. (1919): a restriction is legitimate only if the speech in question poses a “clear and present danger”—i.e., a risk or threat to safety or to other public interests that is serious and imminent. Many cases involving freedom of speech and of the press also have concerned defamation, obscenity, and prior restraint (see Pentagon Papers). See also censorship. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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Throughout the nation, courts have differed in their interpretation of the clause -- "Congress shall make no law respecting an establishment of religion" -- in the First Amendment, which also guarantees freedoms of speech, press, peaceable assembly and the right to petition the government. a situation created which someone deems to require a governmental limitation on Constitutional First Amendment freedoms of speech, press or assembly, such as shouting "fire" in a crowded theater (speech), printing a list of the names and addresses of CIA agents (press) or gathering together a lynch mob (assembly). However, increasingly during the past several decades those freedoms of expression have created both tensions and legal disputes regarding when those freedoms of speech are perceived to be hate speech. |
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