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.
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