Freedom of Speech and Society: A Social Approach to Freedom of Expression
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Freedom of Speech and Society: A Social Approach to Freedom of Ex ...

Chapter 1:  The Nature of Speech and Freedom of Speech
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prevent a citizen from criticising a government’s conduct of a war. In this case, the distinction may be that the former involves an action that clearly and immediately risks harm and injury to others while the latter is more properly part of democratic government and does not involve the certainty of injury to other members of society. While the distinctions are frequently difficult, the result is that freedom of speech has always been limited to some extent. Some of the recognised exceptions to guarantees of freedom of speech where there may be extensive government or legal regulation include:

  • Child pornography
  • Obscenity
  • Speech harmful to children
  • Radio and television broadcasts
  • Defamatory publications
  • Government employees’ political activities
  • Incitement of imminent lawless action
  • Time, place, and manner restrictions such as noise limits near hospitals
  • Compelled speech such as truth in advertising
  • Conspiracy to commit crimes
  • Children’s free speech in schools
  • Speech protected by copyright and trademark
  • Private speech not involving government regulation
  • Speech endangering national security
  • Unauthorised disclosure of personal financial or medical records
  • With so many exceptions, it is difficult to acknowledge speech as being free except to say that many societies claim to encourage free speech but invariably restrict speech in numerous ways. In the United States, free speech is guaranteed by the First Amendment and the exceptions have to be justifiable in light of the constitutional right. While the First Amendment