Should there a Limit to Freedom of Speech

Should there a Limit to Freedom of Speech

Introduction

Freedom of speech is part of the fundamental rights recognized in the first statements of eighteenth-century revolutionary rights, i.e., is one of the first conquests of liberal constitutionalism. The purpose of the recognition of this right, like most of the rights that are recognized at the time, is the guarantee of an area of freedom of the citizen against interference by the public authorities. So this is one of the classic freedom rights against the state, but today, its structure and content are not exactly the same as that defined freedom of speech in the liberal state, but the transformation of State welfare state that has given this freedom of a structure and different content.

Freedom of speech is protected by the First Amendment of the U.S. Constitution. The government of United States has mentioned that freedom of speech is the right to express own opinions and views, the press, and the right group to take up a stand against all the false and illegal activities. It is further mentioned in man studies that also includes the right of belief and association. The ability to express ideas or thoughts has become very essential for people and employees in the U.S. government. The studies have stated that it is not only a way to see and understand the different views of the people, but also a significant part of the democratic process.

Discussion

Freedom of speech has certain limits that are set by law and which are considered necessary to respect the rights and reputations of others. Freedom of speech may be subject to restrictions: reasons for security (e.g. repression of incitement to commit crimes or misdemeanors; Patriot Act in the U.S.) to protect the rights of individuals: the repression of public insult and defamation. Fight against racial discrimination and denial, child protection, defense of intellectual property rights (i.e. copyright or copyright).

Freedom of speech is recognized as a fundamental right, i.e. as a right essential to the development of human beings as such and community. In consideration of this characteristic have been developed going for a set of measures to respect and guarantee, as recognition in the constitutional texts, recognition in the international human rights instruments, compliance certain specific obligations by the state and the establishment of mechanisms for their fast and judicial protection effective.

The limits to freedom of speech can be defined as, reducing some of the elements that make up its legal content. The justification for the power of the legislature to establish these limits based on the premise that fundamental rights are not absolute but allowed restrictions, as from its recognition and incorporation in a legal coexist with other constitutional rights or property, so it can be presented situations involving the need to protect these rights or property against a particular exercise of freedom of speech. It will be in such assumptions that the legislature will be empowered to restrict the dissemination of ideas and information, corresponding ...