Exploring Freedom of Speech: A Criminal Justice Perspective Assignment

This assignment explores the concept of freedom of speech within the framework of criminal justice. It begins by defining key terms such as child pornography, commercial speech, expressive conduct, fighting words, hate speech, obscenity, public forums, and symbolic speech, providing a foundational understanding of the subject matter. The assignment then examines the landmark Supreme Court case related to the burning of draft cards and its implications on free speech. It outlines the categories of speech excluded from First Amendment protection, including obscenity, child pornography, fighting words, and incitement to unlawful action. The document further differentiates between the message and the conduct associated with speech, clarifying when restrictions on conduct are permissible. It also addresses the legal consequences of using 'fighting words,' the limits of police authority regarding disorderly conduct, and the complexities surrounding hate speech, exploring whether legislation can criminalize speech that belittles individuals based on race, religion, or sexual orientation. References to relevant legal sources and academic literature are included to support the analysis.

Running head: CRIMINAL JUSTICE 1
Criminal Justice
Name
Institution

CRIMINAL JUSTICE 2
FREEDOM OF SPEECH
Q1. DEFINITION OF TERMS
Child pornography- this is a type of child exploitation through depicting minors under the
age of eighteen in a sexually explicit manner. It exploits minors for sexual stimulation and can be
produced through assaulting the child or through direct involvement (Findlaw, 2019)
Commercial speech- it is writing or speech that is done on behalf of a business so that it can
gain profit or earn revenue. It can be done through advertising the product using various methods
such as broadcasting on the internet or through print material. Commercial speech is different
from political speech since it regulated so that the consumers are not mislead by advertisements
(Cavanagh et al, 2016)
Expressive conduct- it is conduct which is depictive of speech. It involves behavior which
conveys a particular message and is mostly conveyed through use of symbols rather than words
to communicate a message. It is similar to speech and protected by the first amendment.
Fighting words- they are provocative or insulting words that are offensive racially, ethnically
or sexually. They are phrases or words that are abusive and directed to another person, do not in
any way express ideas or inflict injury through utterances or cause a breach in peace and may
lead to violence.
Hate speech- this is threatening or abusive speech that prejudices a people from a vulnerable
race, color, sexual orientation or other vulnerable groups (Brown et al, 2019). It is usually in the
form of a statement and aims to brutalize or belittle another person or a particular group of
people through the use of cruel language. There is no law against hate speech since it is protected
under the law of freedom of speech (Sponholz, 2017)

CRIMINAL JUSTICE 3
Non- public forum- it is a forum that is not designed for or opens to public opinion. They
occur in restricted areas such as police stations and jails. These forums are restricted based on the
subject matter of speech.
Obscenity- these are language or words that are extremely offensive. The utterance of an
obscene word or portrayal of an obscene act offends the morality which prevails at that particular
time.
Panhandling- they are unlawful forms of begging publicly. It is mostly depicted through
begging on the streets.
Public forum- a forum that is open for the public to express themselves. It takes place in an
area that for a long time in history has been used by people to exercise their right to free speech,
where public debates and assemblies can be held
Public forum by designation- a public forum designation is an area that is specifically
identified as a place where the right to free speech can freely be exercised. The forum is usually
set aside by the government for expressive activities.
Symbolic speech- it is a form of non- verbal communication where actions are used to
convey a particular belief. Symbolic speeches are protected under the first amendment (Vile,
2013).
Traditional public forum- it is a public forum with speech restrictions depending on its
content. It can take place in street walks or parks. The traditional public forum is similar to a
designated public forum but the government has a reasonable limit as to who is allowed to use
that forum (Epstein et al, 2012).

CRIMINAL JUSTICE 4
Vulgar speech-this is language that is considered obscene and offensive. It can be defined as
coarse, obscene or gross language, and lacks good taste and morals. It can also be described as
profane language which is also considered to be offensive in a social setting.
Q2. It was a decision made by the Supreme Court that ruled that a criminal probation which
was against the burning of a draft card had not violated the first amendment’s right to free
speech.
Q3. The categories excluded from the first amendment of freedom of speech are:
 Obscenity, which are words that are extremely offensive.
 Child pornography, which involves depicting minors in a sexual manner.
 Fighting words, which are words that incite people from other races, ethnicity or
sexuality
 Inciting people to commit unlawful action
 Speech which will result in criminal conduct (Richotte, 2017).
Q4. The message and the conduct delivered during the speech are usually differentiated. The
contents of the speech are usually not restricted unless they fall within one of the exclude
categories. This is because most speech is protected under the law of freedom of speech.
For a speech to be considered offensive, it has to
 Encourage excessive interest in sexual matters
 Depict sexual acts that are considered to be offensive
 Lack any kind of political, scientific, artistic or literary value
 Depict child pornography (Ezell et al, 2017)

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Q5. A person may be arrested for using ‘fighting words’ only if the person’s language is:
 Insulting to anyone, offensive, abusive or expresses ridicule
 Spoken in a face- to- face encounter in a way that is provocative
 Harsh enough to provoke a person of average emotional control to respond violently.
 Causes a breach in peace (Hansen, 2012).
Q6. In speech context, the police are not allowed to use the statutes authorizing arrests for
disturbing, annoying or offensive conduct. So although the woman used profane words it would
not be right for the police office to charge her with disorderly conduct. The statement is not
considered as a fighting word according to the first amendment. The first amendment protects
the person arrested from a certain amount of and verbal criticism or challenge that is directed
towards the officer during an arrest (Tushnet, et al, 2015).
Q6. Hate speech is any form of speech that is abusive and belittles or insults another person
because they belong to a vulnerable race, color, sexual orientation, ethnicity or religion (ECRI,
2019). It is usually done with the intent of demeaning or brutalizing another individual, and can
inflict injury or cause a breach in peace (Bochenhamer, 2018).
. It is only protected if the speech is a common belief. However, the first amendment
provides no protection on conduct that is motivated by hate.
Q7. Legislation can make it crime to belittle a person because of their race, religion or sexual
orientation. This is considered a form of hate speech. The government does not have laws against
hate speech as they would violate the terms of freedom of speech. Hate speech is not included
among the categories of speech that are not protected by the first amendment.

CRIMINAL JUSTICE 6
REFERENCES
Bodenhamer, J. (2018). The U. S. Constitution: a Very Short Introduction. New York, NY:
Oxford University Press.
Brown, A., & Sinclair, A. (2019). Some other (bad) political arguments against hate speech
laws. The Politics of Hate Speech Laws, 264-304. doi:10.4324/9781315553917-6
Cavanagh, A., & Varma, T. (2014). Sowing Wild Oats: Online Anonymous Commercial
Speech, Corporate Takeovers, and A New Commercial Speech Doctrine. First
Amendment Studies, 48(2), 97-109. doi:10.1080/21689725.2014.950494
Epstein, L., & Walk, T. (2012). Constitutional Law: Rights, Liberties and Justice 8th
Edition. Thousand Oaks, CA: SAGE.
European Commission against Racism an Intolerance(ECRI). (2019). Hate speech and
violence. Retrieved from https://www.coe.int/en/web/european-commission-against-
racism-and-intolerance/hate-speech-and-violence
Ezell, M. (2017). Laws Regulating Publication, Speech, and Performance, 1660–1673.
Oxford Scholarship Online. doi:10.1093/oso/9780198183112.003.0008
Findlaw. (2019). Child Pornography Laws. Retrieved from
https://criminal.findlaw.com/criminal-charges/child-pornography.html
Hansen, T. (2012). Autonomy, Freedom, and Political Speech. Melancholia of Freedom.
doi:10.23943/princeton/9780691152950.003.0005
Richotte, K. (2017). The Constitution. Claiming Turtle Mountain's Constitution.
doi:10.5149/northcarolina/9781469634517.003.0008
Sponholz, L. (2017). Hate Speech. Hate Speech in den Massenmedien, 31-92. doi:10.1007/978-
3-658-15077-8_2

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Tushnet, V., Levinson, S., & Graber, M. (2015). The Oxford Handbook of the U.S.
Constitution. New York, NY: Oxford University Press, USA.
Vile, R. (2013). The United States Constitution: Questions and Answers, 2nd Edition:
Questions and Answers, Second Edition. Santa Barbara, CA: ABC-CLIO.