Blog Post #3

 

The Marketplace of Ideas 

(The School of Athens by Raphel; I think this painting shows the human need to share ideas)

The Eight Values of Free Expression helps highlight the importance of the First Amendment and Free Speech. I think the point that best encapsulates why it is so necessary to protect freedom of speech is the Marketplace of Ideas theory. 

John Milton explained that without the diverse exchange of ideas through speech there is no way to decipher truth over falsehoods. I also feel that through the marketplace of ideas is necessary for progress. If we were to regulate speech and censor it there would be no objective way to disseminate what is "good" speech over what is not. On the terms of being necessary for progress, I think of what speech was used during the times of segregation and slavery, if the United States completely suppressed the speech of abolitionists there would have been no challenge to what was the norm at the time and there would not have been progress made  

(KKK Meeting)

Through the study of free speech, especially in Supreme Court cases such as Brandenburg v. Ohio (1969) it is evident that some of the most important speech is unpopular and controversial. In this case Bradenburg, a Klu Klux Klan leader, is tried under an Ohio law that restricts public speech and assembly that advocates for illicit behaviors to make a political reform. In Bradenburg's speech he criticized the government and asked people to take action but gave no specifics on what kind of action nor who, therefore the Supreme Court struck down the law and upheld Bradenburg's freedom of speech. 

I think the right and ability to say controversial things and share ideas that people will not agree with is important because it continues the conversation of why it's wrong and the progress we will continue to make as a community. 

Abrams v. United States (1919)

In 1919, during World War 1, Jacob Abrams and other immigrants protested the United States involvement in the Russian Civil war. The Supreme Court upheld the lower court's decision that this violated the 1917 Espionage Act, claiming they were threatening the safety of the country and therefore their speech was not protected under the First Amendment. 

The most notable aspect of this case was the dissenting opinion of Justice Oliver Wendell Holmes Jr. in which he stressed the dangers of suppressing speech and explained the "free trade in ideas". He discussed that people who think they are "right" (this could also mean the majority or the general norm) see it as logical to impose their ideas onto other through law, and eliminate the ability to challenge their ideas. He claimed that the "best truth" would only be discovered through the "free trade in ideas" which is expanded on in the Marketplace of Ideas theory. 

                                                                                                   (Justice Holmes)

Fahrenheit 451

 The ideas presented by John Milton in the "Marketplace of Ideas" in opposition reminded me of a novel that emphasizes the danger of censorship and agrees with Milton. Fahrenheit 451 by Ray Bradbury, is a short novel that serves as a powerful warning of what life without the protection of the First Amendment. Bradbury depicts what a life of strict censorship and there is no variance in ideas. The government had outlawed books and changed how media could be consumed and in doing so they created a culture that in some ways outlawed controversy and any form of disagreement. The protagonist, Guy Montag, offers a glimpse into what life without a marketplace of ideas would look like- very dull. The book highlights the nature human need to learn from one another and how unfulfilling life without the transfer of ideas, especially controversial ideas would be. The same ideas shared by Milton and Bradbury explain the importance of avoiding censorship and government involvement in speech. 

Blog Post #2

The Supreme Court is the most powerful judicial body in the world as the United States' highest federal court in the country and the head of our judicial branch. As a legal studies minor and someone who is perusing a career as an attorney I have always been fascinated by the Supreme Court and her relationship with the constitution. I have been especially taken with how the Supreme Court justices interact with one another and how they weld the power bestowed on them. 

"The first thing we do is shake hands" 

Through the video we are able to see up close how some Supreme Court justices view their work. 

I think the statement made by Justice Sandra Day O'Connor,"The first thing we do is shake hands" is important to the understanding of the sanctity of the work being done in Supreme Court deliberations. The fact that Supreme Court justices are not voted on and do not serve terms is also a way for the sanctity of their work to remain untouched by the public's opinion or political views. Instead Supreme Court justices are appointed by the President of the United States, only when an opening on the bench is made. On average Supreme Court justices serve 16 years, but it is a lifetime appointment. I feel that Justice Breyer explained this clearly when he said that the responsibility of the Court falls "to the law and your own conscience, NOT the public".  

I have always enjoyed the relationship between Justice Ruth Bader Ginsburg and Justice Anthony Scalia

The article dives deeper into some of the most influential Supreme Court justices. 

Justice Ginsburg and Justice Scalia

(Justice Ginsburg and Justice Scalia riding an elephant together on one of their many adventures together)

Justice Ruth Bader Ginsburg and Justice Anthony (called Nino with affection from RGB) Scalia were the perfect example of the relationship between two of, in my opinion, the most remarkable justices to have ever served out nation. During RBG's eulogy for Scalia she commented on how the two more often than not disagreed and even sat on opposite ends of the interpretation spectrum, but still had the up most respect for one another. I always felt that this was not only because of their admirable professionalism but also because of the respect they payed to their work. Justices of the Supreme Court sit with the highest honor, and they have an understanding that it is important that they challenge one another and fully deliberate their thoughts in order to respect their work serving the constitution.  

The Importance of Stare Decisis

The article discusses in great detail historic, or better phrased "landmark" cases the Court has presided over. I think that this section was notably important because of the legal principle of "stare decisis" or looking to precedent cases with similar facts to determine the decision of the Court. The Supreme Court has a great history of utilizing and citing past cases in her decisions. Cases such as Texas v. Johnson (1988), a case related to the First Amendment and symbolic speech's protection by the constitution, is still utilized by the Court in her decision making. The cases heard by the Supreme Court and her decision over them leave a lasting impact on not only the Court's future opinions but daily life and the rights of the American people. 

The Process

Although enthralled with all aspects of the Supreme Court, I appreciated how the video explains the process of the Court. The influence of thousands of petitions to the justices requesting the Court to hear the case, range from high priced legal council to prisoners writing with their own ink. When a case arrives to the Supreme Court it has already seen a trial court, and the facts of the case have been establish. The Supreme Court now faces the questions of "Did the lower court apply the law properly? Is the law constitutional?". Each justice is sent newly arrived petitions to review in chambers, with the assistance of a small staff of law clerks and secretaries. The justices then will meet weekly in order to decided which of those cases it is important they hear and argue. They then use the constitution, created by our nation's founders over 200 years ago to decide on present day problems facing our nation. Justice Sandra Day O'Connor explained the "denial of certiorari" is not the Court upholding the opinion of its lower courts and that the case holds no precedent value (which is often misunderstood by the media and public). 

Blog Post #1

Keeping up to date with various sources of news is important to being an educated and well- rounded person! 

 These are my top 5 news sources:

1)The New York Times

The New York Times has become one of my favorite news outlets. The New York Times offers diverse levels of news reporting on various topics and article lengths. The Times shares articles varying from cookie to sports to world politics all in digestible and easy to understand language. The source is known for being more left leaning, although claims to be an independent. I personally enjoy their daily emails with fast updates that I read on my way to class. I particularly like that this sources shares information on global politics, national politics, as well as New York specific information which as a native New Yorker is important to me. 

2) Staten Island Live

Although away from home and no longer living on Staten Island, I enjoy following my local paper's digital version, Staten Island Live. SILive offers news on all aspects of life on Staten Island, New York varying from traffic concerns, news regarding high school sports, feel good stories about neighbors, and New York news through the lens of Staten Islanders. Following this sources allows me to feel more connected to home and up to date on information that is local. Many of the articles are written by locals who are not career writers which offers a different style of news. SILive also uniquely offers live streams of events their journalists attend which allows their audience to personally experience the news. 

3)  Fox News

Fox News is what I like to think of as "my parent's news source". There is a comfort in absorbing my news from Fox because it was is primarily on the television at home everyday which in some sense has created a relationship with the anchors. Fox News is widely known as the conservative news source, especially their live television programs in which the hosts offer their own personal opinion on the topics. This can be difficult to navigate especially how potent their bias is but I like to absorb what I think is important or interesting and then research on my own- especially with Supreme Court Cases. Rarely will I read their online site but I sometimes will watch the short videos the post on a specific topic. 

4) Last Week Tonight With John Oliver

As a political science student and an avid fan of stand up comedy, I enjoy receiving some of my news from HBO's Last week Tonight with John Oliver. John Oliver covers major news stories on his late night show, segments are archived on HBO's Youtube account (where I watch) with a mix of comedy. I enjoy the speed at which John Oliver speaks and his specific cadence, which he likely utilizes to emphasize the punch line of his jokes but helps me to focus on his topic. He also over simplifies the topics, to emphasizes the absurdity of modern politics and wold matters, but helps to understand complicated topics. I do understand that this news source is entertainment, but at the very least it gets me interested on topics that I later look into for more information to draw my own judgments. My favorite part of his segments is when he lists his sources to further push the absurdity of an idea but also because it shows the research that him and his writing team has done in order to be mostly accurate. 

5) Social Media

As I mentioned in my other news sources, my biggest struggle in engaging in news is getting interested. I utilize social media to be aware of topics and later research them separately by deep diving in different sources and primary sources when available. I like to be introduced to news in media. I also am interested in what my peers repost and how that differs across what platform they are using whether it be Facebook, Instagram, "X" (formerly Twitter) and even Snapchat.  TikTok has become a major news source for me because videos on average are 60 seconds therefore the "journalists" are forced to share fast facts. When utilizing social media as a news source it is vital to fact check and be aware of the often share of misinformation.