Topic > Federalism and Free Speech - 1612

When it comes to free speech, we have the ability to express ideas, thoughts, and ourselves for personal and political purposes, which is great for our civil rights and liberties. The First Amendment of the United States Constitution states in relevant part: “Congress shall make no law abridging the freedom of speech.” (Ivers, 2013) Meanwhile, we must also remember that there are pros and cons to every amendment that we all need to keep in mind. We must also keep in mind that we are responsible for our words even with “freedom” of speech. Federalism plays an important role when it comes to free speech. A great case to use as an example of federalism having to do with free speech is Texas v. Johnson, 1989. Texas v. Johnson was one case where the American flag was burned in a protest. A man named Gregory Lee Johnson, burned the American flag in protest against President Reagan because of the policies Reagan had implemented. Johnson was charged with violating a Texas law. The Law We must understand the repercussions on our words and actions. I think Adam Winkler said it best. He said: “The reasons for this “free speech federalism” and the implications of this phenomenon for constitutional adjudication are explored.” (Winkler, 2009) I found a legal case that helps put this into perspective. The case: Morse v. Frederick from 2002. Joseph Frederick was attending Juneau-Douglas High School at the time of the lawsuit. Students could leave the classroom to watch the passing of the Olympic Torch. (This all happened in Alaska) Frederick and some of his friends left school, crossed the street, and hung a banner that read “Bong Hits 4 Jesus.” The principal at the time, Deborah Morse, crossed the street and asked the students to give her the sign, they refused and she took the sign away from the students