Freedom Of Expression As Guaranteed By The Constitution Is Nearly Absolute. That

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Term Paper Title	Freedom Of Expression As Guaranteed By The Constitution Is Nearly Absolute. That
# of Words	529
# of Pages (250 words per page double spaced)	2.12

Freedom of expression as guaranteed by the Constitution is nearly absolute.  That is, in most instances it cannot be regulated.  However, in some circumstances restrictions are needed.  In deciding whether or not to limit freedom of expression in these situations, the following questions should be considered.
     Where is the speech taking place?  Is it a public place or a private place?  For instance, if I am speaking at a designated public forum, such as a school board meeting or on the steps of a courthouse, my speech cannot be restricted for content.  However, if my speech were to foreseeably disturb or alarm the public, such as incite a riot, then my speech can and obviously should be regulated.  This situation would constitute disturbing the peace and subject me to criminal prosecution.  Conversely, speaking privately with someone is quite different.  If I call an individual African-American a nigger, I am legally within my right to do so.  Freedom of expression includes the right to be an asshole, but if I walk down the streets of Harlem and make the same remarks, I could reasonably start a riot, and so here my speech should be sanctioned.  Hence, the location of a speaker has much to do with whether or not the content of expression should be limited.
     Just as the location of the speech affects the possible restrictions, so too does the purpose or intent of the speaker.  If I wrongfully accuse someone in order to publicly embarrass them, I can be charged with malice or slander, but speaking truth or an opinion is fine as long as it is done peacefully.  Consequently, Ame...

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