As I have done many times in the course of my blogging, my last post for the semester will address freedom of speech when applied to radical anarchism/communism. This topic consistently attracts my attention, both because the Court has addressed the topic many times and because American history has interacted with communist ideology very inconsistently.… Continue reading Free Speech and Oaths

An important aspect of speech in any capitalist society is commercial speech. The protections afforded to corporations or businesses can be akin to individual protections in their depth. This is evident in Virginia State Pharmacy Board v. Virginia Citizens Consumer Council, a case ruling on pharmacists’ right to advertise their pricing on prescription drugs. What… Continue reading Commercial Speech

Freedom of press is derived from freedom of speech and confers that expressions by the press are protected against unreasonable restrictions.  New York Times v. United States demonstrates the dimensions of this freedom. This case centers around the preemptive attempt by the Nixon administration to restrict the publication of the Pentagon Papers. As a history… Continue reading The Pentagon Papers and Speech

Hate speech is an especially difficult form of speech to navigate in upholding the constitutional right to freedom of speech. The liberal position on freedom of speech often inclines towards protecting forms of speech against repression for fear of authoritarianism. Should hate speech receive the same protections? Hate speech itself is speech that disparages groups… Continue reading Is hate speech protected speech?

The construction of freedom of speech takes a different shape when considered in the context of a school setting. The applicability of the First Amendment is rendered differently based on types of speech and the context of speech. This is conveyed through the time, place, and manner principle, in which restrictions on freedom of speech… Continue reading Speech in Schools

This week I’ll be doing a blog audit, which means I’ll look back on my blog posts this semester and evaluate what I’ve written about and why it matters. Initially, I set out to write about free speech this semester. As I did more research, I found myself writing about a niche topic within free… Continue reading Blog Audit

Dennis v. United States considers the paradox of anarchic free speech further. Like most other instances of regulated radicalism, this case resulted from lingering wartime tension and domestic insecurity. Americans were terrified of a latent ideological encroachment on their society from within. This phenomenon is known as the “fifth column,” a perception of insurgency within… Continue reading The Fifth Column

Last week’s blog post centered on Gitlow v. New York’s approach to anarchism. This week, I will delve into Schenck v. United States and the considerably different approach it entailed. This ruling outlines the boundaries of free speech, stating that speech may be constrained in instances where it presents a “clear and present danger.” The… Continue reading Schenck and Free Speech

Following the same vein of last week’s post, this week I will again inquire into freedom of speech in instances of anarchy. Though Sacco and Vanzetti were implicitly prosecuted for their radicalism, this week I examine a case in which free speech is overtly obstructed on the rationale of stifling radicalism. Gitlow v. New York… Continue reading Anarchism Continued

I’ve recently had a chance to historically reexamine the Sacco and Vanzetti debacle in light of today’s rising nationalist sentiments. What I uncovered was an endlessly fascinating microcosm of the anti-immigrant and anti-anarchist fervor apparent in post-war American society, one that parallels starkly with modern state sanctioned xenophobia. The case, though it failed to reach… Continue reading Is anarchism covered under freedom of speech?