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Limits of the First Amendment

by Bobby Brown

Created on: December 28, 2010   Last Updated: February 26, 2011

We Americans love to talk about how "free" our society is. We enjoy, for example, the freedom to live where we want, to pursue virtually any employment that we wish, and to worship God in any way that we choose to, or we are free to believe that God doesn't exist at all. These freedoms are not guaranteed  in many places in the world today, and Americans should never take these freedoms for granted.


 
It is the First Amendment to the United States Constitution that protects our freedoms of speech, assembly, worship and the like, and it should be pointed out that by definition an amendment means that something(s) were not always so. Many Americans live in fear that their rights are being slowly taken from them. Maybe they're right in thinking this, may be not.
 
This brings up an interesting concept, namely, what is freedom if there are constraints on freedom? Logically freedom and constraint cannot exist at the same time. After all, is an eagle free to fly if its leg is chained to the ground? Can  a person really be free to speak his or her mind without compromising critical social structure?
 
 
Nonetheless, freedom of speech was never intended to mean freedom from constraint! Every rule must have its exception and by and large America has been very generous when it comes to such issues. For example, I can write or say things critical of President Obama and no one will come and throw me in jail. I can even say things that are insulting, demeaning and derogatory about Obama and my life would probably not miss a beat. However, because there are people out there who would love nothing more than to (and I have to be careful about how I phrase this)   do something to  Obama that would be potentially life ending we cannot make such statements about a sitting president, even in jest.
 
The line between the right to free speech and criminal activity is pretty fine, and there is no shortage of people who attempt to walk it. Some people like smut peddler Larry Flynt or hate preacher Fred Phelps or Resistance Records founder Geroge Burdi have been able to walk the razor with enviable success. Others like former Michigan Assistant Attorney General Andrew Shirvell, shock jock Don Imus and former Seinfeld star Michael Richards have tried and failed miserably, albiet those cases were judge in the court of public opinion.  Sometimes the only difference is who's paying attention! Some people have had there day in court

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