Brandenberg Vs Ohio
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Brandenburg Versus Ohio
Most Americans do not realize the advantages and opportunities this country has given us. The right to free speech, the right to say almost anything you want without persecution by the justice system, the rights to bear arms for personal protection. Rights that people in many other countries couldnt even think about in fear of their government. These rights protected by the US Constitution are a blessing although they are often exploited. Boundaries must be drawn, but where does that line begin and end? Everybody knows one, the radical hippie who proclaims that the government controls every aspect of our lives. On the other side of the argument is the overly conservative veteran who believes everyone in this country just does whatever they want and no one does anything to stop them. These examples are at the far end of the Individual rights versus public order spectrum, but where does the average American stand on this controversial topic?
Public order by definitions states, “Crime which involves acts that interfere with the operations of society and the ability of people to function efficiently,” (Schmalleger, 2008). Public order crimes are often labeled as victimless crimes, as there are no direct persons that are actually affected by it. Recreational drug use, prostitution and under age consensual sex are examples, they have no direct victim but they engaged in an activity which society disapproves. The moral aspect which changes frequently throughout time is what determines the laws. Many believe that drug use and prostitution should not be punishable, by stance that there is no harm being caused to anyone but the people but the willing and people should have the right to choose whether or not to engage in said activities. The argument is believed that denying people the right to choose to do the immoral things “moral” people frown upon is invasion of individual rights.
Individual rights are the fundamental backbone of American society. The freedom of religion, race and gender is what made so many people emigrate to the U.S from countries that persecuted groups for those reasons. Individual rights are protected by the constitution and the bill of rights. The most profound right given to American citizens is freedom of speech. Countries such as Iran, Indonesia, and Cuba have banned free speech against government and the main stream religion; people have even been executed for doing so. Freedom of speech is recognized as “a human right under Article 19 of the Universal Declaration of Human rights and recognized in international human right law in the international covenant on civil and political rights”(Encyclopedia Britannica, 2000). Many organizations and individuals have used freedom of speech for good and the betterment of society. Dr. Martin Luther King used his right to free speech for the civil rights movement, and Harvey Milk who publically spoke out for equal rights for the homosexual community. While many have used freedom of speech for honorable reasons, many have used it for malicious reasons as well. The Westboro Baptist church for example uses their right to free speech to attack the homosexual community, and the Black Panthers who publically spoke out negatively against the U.S government trying to incite African Americans into separatism. Freedom of speech has also made its mark in the legal system, bringing about some of the most prolific court cases in the history of the united states, none more so than the 1969 case of Brandenburg versus Ohio.
Clarence Brandenburg a well known leader of the Klu Klux Klan in a rural Ohio town contacted a Cincinnati reporter inviting him to cover a rally in Hamilton County in the summer of 1964. Upon arrival the reporter witnessed dozens of me dressed in white robes and hoods carrying weapons. As tradition the rally started with the burning