First Amendment

Question 1

What type of government is the US?

Answer 1

a liberal democracy

Question 2

liberal democracy

Answer 2

decisions are made by majority rules, but certain rights cannot be violated regardless of what the majority thinks

Ex: freedom of religion in First Amendment even if an entire community is against a religion

Question 3

What three men are important for the philosophical bases of the First Amendment?

Answer 3

1. John Milton
2. Thomas Jefferson
3. John Stuart Mill

Question 4

John Milton

Answer 4

gave the notion of a marketplace of ideas
-in an open marketplace the truth will rise to the top

Question 5

Thomas Jefferson

Answer 5

argued for free speech and free press
-argued that an unregulated press will play an important role in informing citizens in a democracy
-believed people will make sound decisions through reason and rationalization, but they must have unrestricted information from the press

Question 6

John Stuart Mill

Answer 6

-gave a three pronged defense for freedom of speech
1. As opinion is silenced, the truth may be silenced as well; the opinions you reject may be true

2. Even a wrong opinion may contain an element of truth necessary to discover the whole truth
   -an opinion is rarely entirely true
   -truth comes from collecting opinions together
   -people who are wrong should still be able to speak
   Ex: conversation between someone arguing for socialist vs capitalist economy; socialist may say capitalism leads to exploitation
3. Even if commonly accepted is the whole truth, people will hold it not as rational belief but as prejudice if they have not had the defendant
   -debating is important; importance of defending your beliefs to people who disagree with you
   -“as prejudice” meaning believing someone just because they say you should do so
   -defending yourself shows you why you believe what you do
   -can modify your beliefs as you engage in discussion

Question 7

Classical Libertarianism

Answer 7

-results from combining Mills three pronged defense
-there is an adversarial relationship/watchdog function between the press and the government
-preferred remedy for harmful speech is more speech
-Egalitarian (the people work together to find the truth)

Question 8

Authoritarianism

Answer 8

-government determines what can be said or printed
-Elitist (government knows better)

Question 9

According to Absolutists, how should the First Amendment be interpreted?

Answer 9

take a literally interpretation of the first amendment
-some wonder of this is actually reasonable
-Ex: was the assassination of Bobby Kennedy free speech – an expression of opinion?

Question 10

Consensus Defintion

Answer 10

some restrictions on the free speech are necessary but no restriction should be allowed simply because the speech is unpopular
-provides protection from tyranny of the majority
-requires freedom for the thought we hate

Question 11

Freedom for thought we hate

Answer 11

will you let people you hate talk?
Ex: Will the Fundamentalist Mormon allow the atheist to speak?

Question 12

Social harm criteria

Answer 12

• how we determine if there is to be restrictions on free speech
  -government may suppress speech if it has specific, imminent, and serious harm

-government can enforce time, place, and manner restrictions
Ex: Anti-abortion protesters can protest outside a clinic but can’t go inside

Question 13

What type of government is most speech protected?

Answer 13

liberal democracies
-US is most protective of free speech; protects more often and intensely

Question 14

Which party views free speech as more important?

Answer 14

the left

Question 15

What is the First Amendment tradition based on?

Answer 15

an objective reality exists and rational people can perceive it