Question

PK2A:

1. What kind of speech was the First Amendment written to protect?

2. Does the First Amendment apply only to spoken words?

3. What does it mean that laws regulating speech must be content neutral?

4. Why are common carriers prohibited from controlling the content of the material they carry?

Answer 1

First Amendment says,"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

1. The First Amendment applies to all kinds of speech, unless a specific exception applies (refer part 2). The First Amendment, however, only safeguards against government restrictions on speech. As a result, private sector can still put restrictions. For e.g., a private company can an employee for his/her views against the company policies.

2. No, the first amendment does not apply just to spoken words. It applies to written works, movies, TV serial/broadcasts, theater, plays, video games, art pieces as well. It also applies to symbolic speech (such as effigy or flag burning). Nowadays, online posts on social media and even liking or sharing them is also covered under the first amendment.

3. Speech regulating laws can not be content neutral. In case of threats/blackmail, such speech will most likely be unprotected even if the person did not mean those threats. Hate speech, just directed to a person or to a community/religion, is also unprotected if it leads to lawlessness or incites violence.There are other unprotected categories where speech is not protected such as child pornography (since video is also a form of speech), plagiarism, and perjury (lying under oath).

4. Common carriers are prohibited from controlling the content of the material they carry because they are supposed to reflect the collective ideology and thinking of the population. Censoring or restricting one idea or though will skew the dialogue in favour of another ideology. This selective screening might also be used tactically to gain advantage politically or commercially.