First Amendment
People s rights and freedoms are protected by the law. This has been one of the oldest truths since ancient times. However, sometimes, additions could be made to enhance these laws in order to allow people more rights and freedoms. One of such additions is an extra paragraph to the First Amendment about freedom of speech. The freedom of speech and press must be based on the peoples right to know the true matters of the case. Language must be open and direct, while the press should be free to express any matters which are of importance to the public and will affect the general society.
The particulars of freedom of speech must have limitations. However, incitement is quite an important clause, so it must be included in the law. In this case, an instigator would be the person, charged with incitement, who inclines another person to commit an unlawful of criminal act, thus rendering a charge of incitement. As the result of it, another person has a desire to commit a criminal or unlawful act (Timmermann 12). Before considering the methods of incitement, one should identify what can serve as the basis of responsibility for it - the very fact of inducing a crime or the determined resolves of the performer to accomplish it, or only realization of this determination. Recently, a very definite view of this institution of criminal law has been given, and it can be defined as follows. Incitement presupposes another person to a crime, in which an incited person has an intention to commit a crime if this intention has been fully or partially realized (Timmermann 20). Thus, incitement itself and the personality of the instigator pose a greater danger than aiding since they are extremely damaging to society and individuals.
Another necessary prohibition in relation to the freedom of speech and press is defamation . This notion can be defined as the dissemination of knowingly false defamatory information - deliberately unreliable defamation, or slander. At the same time, it may also be considered as unintentional distribution of false defamatory information (McNamara 9). Therefore, actions that discredit one s honor, dignity, and reputation should be understood as the dissemination of information that steers away from lawful criteria in comparison with the level, to which the victim sought, and at least attributed to them. Further, it was not illegal or immoral, and it did not cause obvious condemnation from others. As a result, in the clause and the amendment, if anyone spreads false information, in private or public speech, and if the actor is an individual, a group of people or, especially, the press, such actions must be considered illegal and they ought to be terminated by the power of law. The press must be controlled and monitored at a higher level because its power of spreading such defamation and false information is much greater than that of a regular citizen.
An absolutely necessary specific in the freedoms given to people pertains to the notion of hate speech . The complete inadmissibility of hate speech is provided for in the Constitution and the Law on Freedom of Expression and more thoroughly, with guarantees and mechanisms of protection; it is regulated by the norms of other laws that apply to these concepts (Herz and Molnar 25). The laws that contain protection mechanisms include the Criminal Code on counteracting extremist activity and laws on ensuring equality that presuppose punishment for incitement to discrimination. The press, television, and radio must also have a prohibition on the distribution of hate speech by the broadcasting organization of programs that contain calls for discord on the basis of race, religion, nationality, and gender (Herz and Molnar, 40). Such calls are prohibited in any form. Any individual slurs or propaganda based on peoples sexual orientation, physical irregularities, race, ethnicity, or beliefs would be considered hate speech and they are punishable by law. Although, if hate speech is not qualified as an offense, civil anti-discrimination legislation should apply to it, provided that the speech can be regarded as incitement to discrimination.
A much-needed mention must be given to such a notion as the regulation of protests and pickets that will allow keeping peoples protest potential within peaceful frames. A public event is an open, peaceful, and accessible to everyone gathering, held in the form of a meeting, demonstration, procession, or picketing, or in various combinations of these forms (Mead 4). Moreover, the action comes from the initiative of citizens, political parties, other public and religious associations (Mead 4). The purpose of the public event is the free expression and formation of opinions as well as the promotion of demands on various issues of the political, economic, social, and cultural life of the country as well as foreign policy issues (Mead 11). In this case, a meeting is a joint presence of citizens in a specially designated or adapted place for a collective discussion of any socially significant issues. However, it is different from a rally because meeting is a mass presence of citizens in a certain public place with the purpose of expressing public opinion about topical problems of mainly socio-political nature. As such, a demonstration must be allowed as an organized public expression of sentiment by a group of citizens, using posters, banners, and other means during the movement.
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Overall, the freedom of speech for people and the press provides rights that allow anyone to express themselves fully. This freedom has made society better. Nevertheless, it is necessary to avoid hate speech, incitement, defamation, and any form of protests that might be harmful to the public. Freedom is speech is a valuable right that must be constantly practiced, and in such a way, people will feel protected and supported by laws, including the First Amendment.
