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Theories Of Freedom Of Speech

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Freedom of speech in the United States is guaranteed under the First Amendment. Despite this being a right, there are many different theories that have developed over the years in order to defend freedom of speech or arguments that wish to restrict speech more than it currently is. By comparing and contrasting the theories of free speech, I will explain why the law currently regarding freedom of speech is reaches the expansiveness in which the freedom should carry and the justification for it. Before the theories are explained, we should outline what parts of speech are currently not protected under the First Amendment. Unprotected speech includes obscenity (for example, works that lack serious value), fraudulent misinterpretation, defamation (written and spoken), fighting words (words likely to cause and average person to fight), and advocacy of imminent lawless behavior (Lecture 7). These four instances are not protected as free speech because they carry the weight to seriously injure someone physically, emotionally, or financially, specifically in the instances of fraud, defamation, advocacy of imminent lawless behavior, and fighting words. The first theory about the justification of expansive freedom of speech comes from John Stuart Mill and is called the “Utility …show more content…

However, I also believe Emerson leaves some room in his theory for unprotected speech. Regarding current unprotected speech, I believe his point of attaining the truth would mean he does not support defamation and fraudulent speech. Defamation and fraudulent speech would be the exact opposite of obtaining truth. His aim to ensure political participation would also not protect fighting words, imminent lawless behavior, or cases of obscenity, because they can carry the weight to obstruct people from partaking in not only political discussion and participation but also general

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