First Amendment Arguement Analysis

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The First Amendment states “Congress shall make no law…abridging the freedom of speech” (Hall, 2014, p. 310). The federal government is not alone in adhering to this clause, but state and local governments also must abide (Hall, 2014). The U.S. Supreme Court has ruled that free speech includes many forms such as written or visual and expression or nonverbal speech (Hall, 2014). There are exceptions to free speech if a government can justify an interest that would outweigh individuals’ rights under the First Amendment (Hall, 2014). The fighting words doctrine is an example of a justified exception (Hall, 2014). A public Flag burning in protest of a recently enacted law: This act of expression, by burning the flag, is protected by the First Amendment (Hall, 2014). The highest court in the land heard the case Texas v. Gregory Lee Johnson and ruled that burning the flag is a protected form of expression under the First Amendment (Hall, 2014). The U.S. Supreme Court expressed its displeasure in coming to this judgment; however, proper interpretation of the law obligated the Justices to reach this decision (Hall, 2014).…show more content…
Besides an individual enjoying the protections of free speech, commercial speech is also protected (Hall, 2014). The billboard is artistic, visual, and written, which are all protected forms of speech (Hall, 2014). Although it is more regulated, especially commercial speech as it applies to politics, the advertisement would be protected so long as it is not obscene, threatening, or compromise a valid interest of the government (Hall,
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