TWO QUESTIONS
1. Discuss 2 limitations the supreme court has imposed on the exercise of 1st Amendment rights to free speech? On what grounds have these limitations been justified?
2. What is due process of law? Describe 2 of the due process guarantees provided by the constitution.
(i think due process of law means the government is not supposed to act unfair of arbitrary.)
1. The classic exceptions to free speech are:
(a) reckless endangerment of people by deliberate false statements, i.e,
libel and "shouting 'fire' in a crowded theater" (when there is no fire), or similar situations.
(b) advocating overthrow of the government by force and violence
2. For a discussion of "due process", guarantees of which are contained in the fifth and fourteenth amendments, see
http://en.wikipedia.org/wiki/Due_process#Text_in_the_Fifth_and_Fourteenth_Amendments
1. Two limitations that the Supreme Court has imposed on the exercise of 1st Amendment rights to free speech are:
(a) Libel and defamation: The Court has recognized that deliberate false statements can have a harmful impact on individuals' reputations and may lead to potential harm. Therefore, the Court has allowed limitations on speech that includes falsehoods that harm someone's reputation.
This limitation has been justified on the grounds that protecting an individual's reputation is important for maintaining social order and preventing harm. It ensures that individuals are not subjected to false and damaging statements that could impact their personal and professional lives. The Court has held that these limitations are necessary to strike a balance between free speech and the protection of individual rights.
(b) Incitement to violence: The Court has also recognized that speech that directly incites or advocates for the overthrow of the government through force or violence can pose a danger to public safety. This includes speech that promotes immediate unlawful action.
This limitation has been justified on the grounds that the government has a responsibility to maintain public order and protect its citizens from harm. By limiting speech that incites violence or poses a clear and present danger, the Court aims to prevent potential acts of violence and the destabilization of society.
2. Due process of law refers to the fair treatment of individuals by the government and the protection of their rights. It ensures that no person will be deprived of life, liberty, or property without following legal procedures and providing a fair opportunity to defend oneself.
Two due process guarantees provided by the Constitution are:
(a) Procedural due process: This guarantee ensures that individuals are provided with fair and proper procedures when their rights or interests are at stake. It includes the right to notice, the right to a fair hearing, and the right to present evidence and testimony. Procedural due process ensures that individuals are given a meaningful opportunity to be heard and defend their rights before any action is taken against them.
(b) Substantive due process: This guarantee prohibits the government from enacting laws that are unreasonable, arbitrary, or violate fundamental rights. It protects individuals from government actions that are not based on legitimate reasons or fail to advance a legitimate government interest. Substantive due process ensures that the laws and regulations enacted by the government are fair, just, and do not infringe upon basic rights of individuals.
Both procedural and substantive due process guarantees are aimed at preventing the government from acting unfairly or arbitrarily, ensuring that individuals are treated fairly and their rights are protected.