Freedom of Speech Boundaries
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Americans have long prized the freedom of speech assured them in the U.S. Constitution, yet they also seem to accept that there are some boundaries to freedom of speech, though what those boundaries are is controversial and may shift form one period of time to another. Freedom of speech as applied in the arts is often a source for arguments over limitations that may be placed on expression, especially with art works depicting sexual behavior, nudity, or subjects considered irreligious. Much of the debate takes place at the extremes, with absolute freedom of speech at one end and tight control and censorship at the other. The issue remains controversial. Some believe that proscribing pornography has a chilling effect on free expression in general, meaning others censor themselves before they speak lest they be prosecuted after. The argument over pornography cuts deep into the nature and structure of the American system and challenges many of our most deeply held beliefs. Recently, the argument has also crossed ideological lines. Conservatives have long railed against pornography as a danger to the social fabric, while more recently many on the Left have cited pornography as a causative element in such social problems as domestic violence, rape, and the lower status accorded women. An examination of the issues involved points to the necessity for society to regulate and control pornography in order to prevent or reduce some of these social problems. If pornography can b
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ay is that such an interest should be expressed in persuasion and not in the compelling of behavior or belief. Mill thus makes a distinction between that part of one's life that belongs specifically to the individual and that which belongs to society. There are clear exceptions in the law to Mill's assertion that we have to allow complete freedom of speech, and these demonstrate that there are certain forms of speech which are not protected at all. Threats are not protected. The most famous instance is cited often (and often incorrectly), and this is that it is not allowed to yell fire in a crowded theater (though it is allowed if there is actually a fire). Libel is a form of speech in which false statements are made about another person in a public setting, and here Mill would agree that this is not allowed because it does hurt another person. False advertising similarly can be argued to have a detrimental effect on others and so is proscribed. The "fighting words" test means that what is said might start a fight or incite a riot, though this is a murky area where the courts may be relying on what someone else might do in retaliation rather than on any real action that has occurred. These various forms of speech may be
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Some common words found in the essay are:
Wendy Kaminer, Stuart Mill, , Catherine Mackinnon, Type II, Choice Willing, Founding Fathers, Bill Rights, freedom speech, James Sterba, York Wadsworth, political speech, chilling effect, view pornography, york wadsworth 1997, obscenity pornography, dominance submission, free speech, develop freely, practice james sterba, harm society, chilling effect free, effect free, morality practice james, james sterba ed,
Approximate Word count = 2690
Approximate Pages = 11 (250 words per page)
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