First Amendment Essay Example | Topics and Well Written Essays - 750 words

First Amendment - Essay Example Speech, as defined by the Constitution is not limited to the spoken word. It can be an expression or idea. Symbolic speech, as it is often referred to, includes various types of nonverbal communications such as peaceful protests, campaign signs in the front yard and burning the American flag. Yes, burning the flag is a legal expression of free speech. The Supreme Court, through years of rulings, has clearly defined the parameters of free speech. For example in 1969 Brandenburg v. Ohio case the Court ruled that government could not forbid speech that encourages subversive or illegal activity unless that â€Å"advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.† (Brandenburg v. Ohio, 1969) Using Brandenburg as precedent the Supreme Court ruled the government could not prosecute a Vietnam draft dodger who said â€Å"if they ever make me carry a rifle, the first man I want in my sights is L.B.J.† in Watts v. U.S. (1969). ... A person risks their life in many other countries for much less flagrant self expressive speech than that. The right to free speech is not all-inclusive however. The Court has ruled speech which damages another person’s reputation or defamation including both slander and libel is actionable in court. (Cohen, 2009). â€Å"Defamation law attempts to balance the freedom of speech and open exchange of ideas without giving someone permission to run around spreading lies about another that may harm his or her reputation, ability to earn a living, etc.† (Fabio, 2009). Merely expressing an opinion, however, is not regarded as defamation. Factual statements can only be considered defamatory. Public figures such as celebrities and government officials have not enjoyed the same level of protection under defamation laws. For those in the â€Å"public eye† actual malice toward that person by the speaker must be demonstrated in order to prevail on a defamation claim. (Cohen, 2 009). This is the reason we see so many celebrity tabloids with outrageous headlines in he checkout lanes in grocery stores. It’s much tougher for celebrities to win a lawsuit than the general public. Most forms of speech are covered by the First Amendment but besides defamation other types of speech may be legally restricted and civil litigation initiated based on these restrictions. The Supreme Court has set guidlelines for these other types of speech such as obscenity, causing panic, incitement to crime, sedition, fighting words and hate speech. The test for obscene speech established by the Court is (a) whether that spoken word or expression of speech such as artwork is regarded by the average person as being erotic, (b) whether the words or art depicts acts that are obviously offensive, and (c)

The concept of a Property Right Essay Example | Topics and Well Written Essays - 500 words

The concept of a Property Right - Essay Example Under this system, it is expected that market forces will drive down the release of pollutants into the environment, insofar as the cost of releasing pollutants costs more than cleaning up and disposing the pollutant [LIVERMAN 2008]. In the short-term, carbon trading is meant as an incentive. That is, firms are punished by being forced to buy more permits to pollute if they need to; firms are rewarded when they can sell these permits because they have reduced emissions. In the long-term, it is hoped that carbon trading will reduce emissions enough to make a significant contribution to reducing climate change. However, carbon trading schemes largely appeal to those people whose ideologies bias them toward the market-based solution in every case. In fact, there is no economic evidence that price effects through caps and limits is more effective or more desirable than direct regulation or command and control [PARKER 2007]. There is a theoretical problem and a practical problem with trading schemes. The theoretical problem is that trading schemes must rely on the market to form a price mechanism to limit the supply of pollutants—the same market that failed in the first place to provide the socially acceptable outcome. This dissonance poses a difficulty with respect to whom society must trust with achieving reductions in climate change. The practical problem is how carbon derivatives would be traded. Hybrid securities and exotic derivatives were at the root of the most recent recession. It might be difficult to trust these same institutions. b) A property right is the exclusive authority to determine how a resource is used, whether that resource is owned by government or by individuals [ALCHIAN 2008]. The problem of externalities extends to the negative effects of action has on others, and the disconnect between the negative effects and the benefits the actor receives from performing that action. In