Norleans
05-03-2006, 07:51
Don't Americans always rant about freedom of speach? So how can this teacher be suspended when excersising this right?
A common misconception. Freedom of speech deals more with the content of the speech and less with the time, place and manner of the speech. Rules/Laws that prohibit speech that delivers a specific message are generally unconstitutional. Generally Libel, Slander, "Fighting Words" and yelling "fire" in a crowded theater are about the only types of speech that can be regulated based on the message.
On the other hand, the time, place and manner in which speech takes place can be, and is, subject to significant regulation. For example, tobacco companies cannot advertise cigarettes on TV. However, they can still advertise cigarettes in other ways. It is only the manner of advertising, TV, that is being regulated, not the message that people should smoke and the regulation does not prevent them from adverting anytime or anywhere, just on TV (and I guess, radio).
A common misconception. Freedom of speech deals more with the content of the speech and less with the time, place and manner of the speech. Rules/Laws that prohibit speech that delivers a specific message are generally unconstitutional. Generally Libel, Slander, "Fighting Words" and yelling "fire" in a crowded theater are about the only types of speech that can be regulated based on the message.
On the other hand, the time, place and manner in which speech takes place can be, and is, subject to significant regulation. For example, tobacco companies cannot advertise cigarettes on TV. However, they can still advertise cigarettes in other ways. It is only the manner of advertising, TV, that is being regulated, not the message that people should smoke and the regulation does not prevent them from adverting anytime or anywhere, just on TV (and I guess, radio).