The First Amendment Right to Free Speech: Right and Responsi

When the forefathers of the United States wrote the Constitution and the Bill of Rights, they were written in such a way as to be flexible. However, that left gray areas open for interpretation. The First Amendment right to free speech is no exception.

What is the definition of free speech? Does it apply to individuals and groups alike? Where does someone draw the line between free speech and obscenity?

For the enduring freedom to last, everyone, even those with messages most people don’t want to hear, must be given the opportunity to speak.

During the period of 1976-1978 in Skokie, Ill., neo-Nazis led by Frank Collin wanted to march through town … a town with possibly the largest concentration of Holocaust survivors in the U.S. The local government refused to give them the opportunity by passing ordinances aimed at preventing distribution of

“There is no right to be heard, only to speak,” said Prof. Jeff Renz, a professor of law at the University of Montana.

According to Renz, the neo-Nazi group followed legal channels to be granted permission to march. They hired a lawyer, filed injunctions and eventually made it before a judge who decided they had a right under the First Amendment to carry out their march. However, calls to action and obscene material aren’t protected by the First Amendment. So, where does speech or print material become obscene?

According to him, this case was a resounding triumph for the rights of free speech in a free society.

However, this is just a test by which jurors can determine obscenity … not an absolute test since obscene is still a subjective term based on community beliefs as a whole. The Supreme Court underscored that it’s lawful to prohibit certain material, which is obscene under local standards in some communities, even though the same material may not be considered obscene in other areas of the country.

hate materials, parading in military costumes, and then obliging parade organizers to obtain an insurance bond before a permit would be issued.

After a series of state and federal lawsuits, the ordinances were overturned and the neo-Nazis were granted a permit to march in the village of Skokie. However, the group decided not to have the march, but instead held a rally in Chicago.

But, how does the court system determine if subject matter is obscene?

In 1973, the Supreme Court came up with a test to determine obscenity. “Whether a particular film or publication is obscene will be determined by reference to: (a) whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes in a patently offensive way, sexual conduct specifically defined by the applicable state law; and

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