Academic Master

Education, English

Freedom Of Expression, Press, And Association

Definition of Terms

Common law- refers to rules based on social customs that are recognized and can be enforced through judgments. Common law is not based on the established canon; it is based on statutes that governed England and the United States before the revolution.

Justiciable issue- refers to a problem in which a court can exercise judicial authority. It means that the court has a right to hear the particular case. A court needs to determine whether a case holds sufficient ‘controversy’ that needs to be decided on.

Writ of certiorari- an order issued to a lower court to provide a record of their proceedings such that a higher court can evaluate them.

Stare decisis- means “to stand by a decided matter” that deals with holding the precedent as is. It means that matters that have been decided in the past before a court of law are to be in place as they are and can be used in the current operational setting of the law (“Glossary of Legal Terms,” 2018).

Bills of attainder- an act of the legislature that may declare an individual or a group as guilty without subjecting them to the rule of law.

Ex post facto laws- refer to a bill that outlaws an act that may have been seen as legal at the time of undertaking the action.

Habeus corpus- refers to a court order where a suspect needs to be presented at a designated place and time so that the court can determine whether they should be in custody or they should be released.

Economic due process- a doctrine applied by the Supreme Court to strike down different financial regulations. The concept ensures central interest is under the protection of the due process clause (“Glossary of Legal Terms,” 2018).

Freedom of Expression, Press, and Association

Freedom of expression, press, and association is guaranteed under the First Amendment. The constitution allows the citizens to conduct their affairs in a manner that is in line with the rule of law. This means that an individual is allowed to interact with other individuals within the country as well as from other nations. The citizens are also allowed to speak their minds through various mediums, but that should be in a manner that respects the rule of law (Cunliffe, 2017). Freedom of expression and association comes with a sense of responsibility, for one needs to ensure one’s actions do not infringe on the rights of other individuals. The Supreme Court is crucial in helping outline the different freedoms as well as ensuring they are in operation. In the Supreme Court Case of NAACP v. Alabama ex rel. Patterson, it was held that the right of association was crucial (Cunliffe, 2017). The court was able to dissociate the freedom of association from the other fundamental rights under the First Amendment. This ensured that the freedom of association and expression were established as independent freedoms.

The Supreme Court has also tried to curtail government actions that may try to control the freedom of expression, press, and association. Different limitations may be exercised concerning the freedoms guaranteed under the Constitution. The society is continually changing, and the privileges may be misused (“Freedom of Speech and Freedom of Press,” 2018). In the case of civil unrest, different freedoms, such as association, may be limited to deal with the situation at hand. The privileges may be on a restricted path in a position where the freedoms may be used to cause harm to others or the nation. In a case where the freedoms may affect national security, the government may choose to limit such freedoms to restore public order.

References

Cunliffe, E. (2017). Freedom of Expression, Academic Freedom, and Equality: Seven Institutional Responsibilities. SSRN Electronic Journal. http://dx.doi.org/10.2139/ssrn.3083561

Freedom of Speech and Freedom of Press. (2018). Lincoln.edu. Retrieved 22 February 2018, from http://www.lincoln.edu/criminaljustice/hr/Speech.htm

Glossary of Legal Terms. (2018). United States Courts. Retrieved 22 February 2018, from http://www.uscourts.gov/glossary

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