The Discussion Topics and Materials: Among the examples of free speech issues arising in everyday culture and life, we have discussed the music of performers such as NWA and Ice-T, the controversy surrounding Daniel Ellsberg and the Pentagon Papers, the clash of protesters and violence by White Supremacists in Charlottesville, Virginia, the litigation in McLibel as a way of comparing defamation law in the U.S. with defamation law in England, and the issues related to movies deemed indecent or subject to ratings to which the producers may object. USE ONLY THESE TOPICS
The Question You Must Address Based on those Materials: We have examined how in the U.S. the First Amendment limits the constitutional power of government to abridge (that is, regulate, punish, or prohibit) speech by individuals and businesses. As we have seen during this semester and in the context of the topics listed above, aside from government action, action by or conflicts between people or groups with opposing points of view can also limit or chill free speech and even poison our politics. While the First Amendment seeks to keep government neutral in the marketplace of ideas, it does not require one side to treat the other with respect and civility or refrain from trying to silence the other viewpoint…or does it? Should it? Using any two of the above topics and the related First Amendment issues and law from this semester, analyze the role and responsibility of government in these conflicts between opposing interests under the First Amendment. Consider this question: Is the classic American bromide that the best antidote to bad speech is more speech truly realistic or is there a greater role for government in keeping this expressive marketplace fair, free, and open to all?
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