Freedom

Freedom means protection from political restraints where there are no limitations. They are powers that are protected and not interfered by the government. In India, freedom is a given. It is liberation of the attachments that the senses give us. Freedom is very

powerful it creates attachments. A truly free individual gives up being attached to these

bonds. In the U.S., freedom is entirely in protecting the individual from the external political

interference. Freedom is protection from the government. Letting an individual have certain rights that cannot be taken away and a relationship that is free from oppression and coercion. In generic terms, freedom is the power or right to speak, act and think without any hindrance or restraint. Freedom is essentially the absence of government. These freedoms could include freedom of the press, freedom of the religion and the freedom of speech. Constitutional freedom refers to the freedoms that are guaranteed by the constitution. 

First amendment theories.

Emerson’s theory of the first amendment is comprised of five propositions.

                                                                 i.     The first amendment informs the definition of the execution of the system of the Freedom of Expression.

                                                                ii.     In this theory, expression and action are dichotomous.

                                                              iii.     Expression is protected and encouraged.

                                                              iv.     Definition of “expression” “abridge” and “law” are functional.

                                                                v.     Places and situations where the first amendment rights may compete with other rights must be identified.

The first amendment states that congress shall make no law…abridging the freedom for speech or of the

press. It was proposed as a part of the Bill of Rights. It protects a natural right from government

interference. But the freedom of expression is not absolute. It enables any attainment of truth through a

marketplace of ideas. No comprehensive theory. The first amendment’s heritage includes the Magna 

Carta, archaic Athens, John Milton, William Blackstone and John Stuart Mill. The categories of 

expression that are not protected by the first amendment are libel, obscenity, fighting words and true

threats.

Agenda Setting

Agenda setting was established by McCombs and Shaw in 1972. Agenda setting is the ability for news media to influence certain news stories through the way they frame, prime and cultivate words. The three types of agenda setting are framing, priming and cultivating.  Framing is the process by which journalists deliberately and innocently present certain aspects of a news event in order to make their report of that event readily accessible to readers. Priming is done over a period of time. In the media, journalists prime readers to expect from officials. Because of media coverage, media priming is associated with attitudes. These are attitude toward war the president, etc. The third is cultivation Cultivation is a  heavy user of primetime news. Through cultivation a person is more likely to believe that downtown livers will mug you. They are more likely to believe that a minority race are violent. It’s a long-term effect, individual attitude that is cultivated over time. Priming is a public opinion in how an individual will respond.

Structure of the System of Freedom of Expression

The structure of the Freedom of Expression is based on three things; values and functions, the dynamics of limitations of the freedom of expression and the role of law and legal institutions. The values and functions states that  the freedom of expression in democratic society rest of four main premises. The dynamics of limitations on the freedom of expression states that powerful forces impel men toward the elimination of unorthodox expression. It also states that it is difficult to frame precise limitations.  “The object of the limitation is usually not the expression itself but its feared consequences.”  “The apparatus of government required for enforcement of limitations on expression, by its very nature, tends towards administrative extremes.” And lastly it says that  “Limitations are seldom applied except in an atmosphere of public fear and hysteria.” The role of law and legal institutions says that the system of freedom of expression is design to encourage a degree of conflict within society. The system of freedom of expression is complex and the legal process offers a method by which society controls itself, limiting its own powers in the interests of the individual. The primary legal institutions upon which we rely for implementing the principles of free expression are: a written constitution embodying a statement of the rights guaranteed to the individual, an independent judiciary possessing the power of judicial review over legislative and executive action and an independent bar.

Systems of Freedom of Expression: Rights and Principles

• The first Systems of Freedom of Expression is Rights. According to the lecture, Rights in the U.S. are the guarantees that the state is not allowed to interfere with. These rights include; speech, press, religion, assembly and petition. These rights are known as the rights of expression and the government is not allowed to interfere with or take away. These rights are stated in the first amendment and are known as the Bill of Rights and was ratified in 1791. In India, the rights are stated in the Constitution of India this constitution draws from several important documents oh philosophy and was adopted in 1950. all of these rights appear in Article 10 of the Constitution of India.
• The second of these systems is Principles include self fulfillment which is important to fulfill our needs as humans. These make us human and are our natural rights. This system also includes social responsibility which is when journalists are expected to be socially responsible to their readers and not their authority.

Nation vs. Nation-State

The difference  between “nation-state” and “nation” is that a nation-state is simply a political legal entity (government). A nation is a sociocultural entity that is is branched off into two types of nation; ethnic nation which is categorized by language, faith and ancestry, and civic nation which is by a physical border. A civic nation is defined by having a common citizenship. The people that are with you in your nation are part of you civic nation. This consists of all those who subscribe to the same political creed regardless of ethnicity, race, color, religion, gender and language. This consists of law, choice, rational attachment, unity by consent, democratic pluralism and liberty. A nation-state is a political legal entity. It is not to be confused with a nation. Nation-state is a socio-cultural entity and exists within the webs of people-the civil society. No state can censor expression. The state that self identifies as a deriving its political legitimacy from serving as a sovereign entity for a nation as a sovereign territorial unit.

Systems of Freedom of expression: Practices and Institutions

• The third of these systems is Practices which are common to both the U.S. and India. this includes procedure, legal doctrine, ethics and politics. Procedures are the series of steps that are predictable. These are the due-process of events. Ethics are distinct from law. They are the expectation of social conduct in a given ethical approach. Ethics depends on culture; what is ethical in China may not be ethical in the U.S. The U.S. source of ethics are the writings on utilitarianism. The founders of utilitarianism are Jeremy Bentham and john Stuart Mill. The Indian source of ethics is the Upanishads. The Upanishads are old texts that are a component of the Vedas which are the oldest cultural documents in the world. 
• The fourth of these systems is Institutions. These include constitutions, courts, media, "culture," adminstrative regulators. These institutions are the supreme courts of the U.S, the U.S. Courts of Appeal and the trial courts in the U.S. district courts.