9 On the Inherent Ambiguity of Freedom of Speech in a Democratic Republic

Jonathan Berk

Assignment

Write a short essay interpreting case law related to the First Amendment. Your essay should include (1) a short summary of the case you chose representing the main argument for each side and (2) an interpretation of this dispute as making a judgment on the broader philosophical conflict described below.

Read the essay that argues that the right to freedom of speech in a democratic state is inherently ambiguous and conflictual. Choose a specific case related to freedom of speech and read the material from the John Jay College Social Justice Landmark Cases eReader. In this case, it’s important to analyze the situation not only in terms of applying the 1st Amendment but also as a crucial decision regarding the delicate balance between an individual’s involvement in democracy and the government’s duty to safeguard the republic.

About the author: Jonathan Berk is a professor in the Philosophy department at John Jay College of Criminal Justice

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