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Essay / Research Paper Abstract
A 7 page research paper that explores the legal theories pertaining to the interpretation of First Amendment rights in regards to freedom of speech. The writer particularly focuses on the "marketplace of ideas" theory of Oliver Wendell Holmes. Bibliography lists 2 sources.
Page Count:
7 pages (~225 words per page)
File: D0_khfrespe.rtf
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Unformatted sample text from the term paper:
the assortment of methods and theories on which free speech jurisprudence is predicated is basically chaotic and contradictory. The following discussion will examine the various doctrines and theories that are
associated with the First Amendment, showing the development of First Amendment theory, which began shortly after World War I. (The student researching this topic will note that there is no
mention of Thomas I. Emerson in this introduction. This is because the writer was unable to locate this reference, so it could be noted in the bibliography. However, the quote
from Post says essentially the same thing. However, if the student wishes to include a reference to Emerson, the source of this observation should be included in the bibliography).
Despite the guarantee of freedom of speech guaranteed by the First Amendment, during the nineteenth and for much of the twentieth century, federal and state sedition, criminal anarchy and criminal
conspiracy laws were repeatedly used to prevent the free expression of groups such as "slavery abolitionists, religious minorities, early feminists, labor organizers, pacifists and left-wing political radicals" (LLL, 2002).
In antebellum Virginia, for example, anyone who spoke or wrote against the right to own slaves was subject to a one-year prison sentence (LLL, 2002). The issue of interpreting
the First Amendment and the right to free speech did not come before the Supreme Court until 1919 with the case of Shenck v. the U.S. Lower US
courts have traditionally been hostile to the concept of First Amendment rights for political minorities. In 1919, the Supreme Court dealt with issues of free speech for the first
time in its history (LLL, 2002). Charles T. Schenck, a Socialist, was convicted of violating the Espionage Act of 1917 by mailing anti-war leaflets to men who were eligible for
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