American Legal System Essay Samples

The international human right treaties provide legitimate restriction on the freedom of expression. Article 13(2) allows the imposition of certain restriction to the freedom of thought and expression. A prior censorship is compatible with the enjoyment of rights listed in Article 13 with the exception of issues that deal with public entertainment. Abuse of freedom of information cannot control the subsequent imposition to the people guilty of abuses. The natural security recognizes a legitimate ground to restrict the freedom of expression.
The First Amendment declares that Congress does not make any law to prohibit freedom of speech and to petition the government to redress grievances. The law has right to privacy and anonymity in the precedence of Stanley v. Georgia (1969). In the case, Stanley is in procession of obscene materials and violates the state laws of Georgia. The Supreme Court holds that the constitution offers protection to the right of privacy and government has a duty to guarantee and control a person’s privacy.
The Supreme Court rules the first constitutional prior restraint in the case of Near v. Minnesota (1931). In the case, Jay Near publishes a scandal sheet to attack the local officials that have charges implicated with gangsters. The officials of Minnesota obtained an injunction that sought to prevent Near from publishing the periodicals provided by the state law. The state law of Minnesota does not allow the circulation of obscene, malicious, lewd, and scandalous periodicals. In that case, the injunction is in force since the court presumes that the periodical is guilty of a nuisance and has to stop from committing further nuisance. The exception in the doctrine of prior restraint depends on the nature and the effect of the restraint of speech. In the legal test, most of the First Amendment rejects a prior restraint.