Author: Anna Dziduszko–Rościszewska
Year of publication: 2010
Source: Show
Pages: 253-272
DOI Address: http://dx.doi.org/10.15804/ppsy2010014
PDF: ppsy/39/ppsy2010014.pdf

Freedom of possessing and expressing own ideas and opinions and their dissemination is one of the fundamental rights, that entitled to each person. In addition to this, the freedom enables searching and getting information. Thanks to it, the right to express your own identity, selfrealization and aspiring to truth are guaranteed. It is one of the basic premise and the necessary condition to realize the idea of democracy. In the United States, the cradle of civil rights and modern democracy, the freedom of expression is guaranteed in the First Amendment to American Constitution (Bill of Rights), enacted in 1789 (came into force in 1791). On its virtue, “Congress shall make no law respecting an establishment of (…) the freedom of speech, or of the press (…).” Although the record suggested that this freedom is absolute, (not restricted of any legislation), the later jurisdiction of the US Supreme Court (by case law) isolated categories of utterances that have not been contained by the First Amendment. ! e essential issues are answers on the following questions: in the name of what values Congress can limit the First Amendment? And where is the border of freedom of speech? One of the expressions that are not protected by the law is fi ghting words and hate words. The second are libel and slanders that are understood as a infringement of somebody’s rights.

 

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