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Unformatted text preview: sion. The reasons underlying this rule are not esoteric. Powerful ideas are often offensive ideas. n4 Suppressing ideas because they are offensive silences meaningful, provocative speech and targets expression because of its content. Prohibiting offensive speech cuts at the heart of the first amendment's central principle that ideas cannot be proscribed because of their content. n5 Accordingly, it is no great surprise [*352] that the right to engage in offensive expression is one of the most strongly protected individual liberties. FREEDOM OF SPEECH IS CRUCIAL: IT INSTALLS A FOURTH BRANCH CHECKING TYRANNY James D. Callahan, Press-Enterprise Co. v. Superior Court (Press-Enterprise I), South Carolina Law Review, Summer, 1999, p. 1000 The first ten amendments to the United States Constitution became collectively known as the Bill of Rights. The First Amendment responded to the people's insistence on freedom to criticize the government, government officials, and the political process. The citizens of the United States were eager to avoid oppressive restrictions, woven throughout Europe's history, which prevented criticism of the government, especially those requiring all proposed publications to be approved by the government prior to distribution. n34 The guarantee of a free press was not a superfluous addition to the guarantee of free speech. n35 The right to a free press was included in the First Amendment primarily "to create a fourth institution outside the Government as an additional check on the three official branches." SLHS Value File Freedom (speech/expression) Bad
PRESS FREEDOMS SHOULD NOT BE LICENCE TO STOMP ON RIGHTS OF INDIVIDUALS James D. Callahan, Press-Enterprise Co. v. Superior Court (Press-Enterprise I), South Carolina Law Review, Summer, 1999, p. 1026 The freedoms guaranteed by the Bill of Rights normally coexist quietly, serving as a collection of solid foundations upon which the American experiment is constructed. The First Amendment guarantees not only that individuals may speak their minds, but ensures the public a free press to share and to disseminate knowledge, opinions, and ideas. The primary purpose of the First Amendment...
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- Fall '13