Isabella Carter
The Texas Constitution and the US Constitution both protect freedom of expression, including freedom of speech and the right to gather peacefully. The First Amendment of the US Constitution guarantees freedom of speech and the right to assemble peacefully. Similarly, the Texas Constitution, in Article 1, Bill of Rights, Section 8, states that every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. This section also protects against unreasonable searches and seizures.
| Characteristics | Values |
|---|---|
| Freedom of Speech | The right to express information, ideas and opinions free of government restrictions based on content and subject only to reasonable limitations |
| Freedom of Religion | The government may not establish a state religion or prohibit the free exercise of religion |
| Freedom of the Press | The right to publish opinions on any subject, being responsible for the abuse of that privilege; no law shall ever be passed curtailing the liberty of the press |
| Right to Peaceful Assembly | The right to gather peacefully and make grievances known |
| Right to Petition | People have the right to ask the government at any level to right a wrong or correct a problem |
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What You'll Learn
Freedom of speech
The right to freedom of speech in Texas includes the freedom to worship and practise religion without interference or persecution from the government. It also encompasses the freedom to assemble peaceably and petition the government for a redress of grievances. This means that Texans have the right to gather and protest without violence to address their concerns and seek change.
However, it is important to note that freedom of speech is not absolute. While Texans enjoy robust protections for their right to express themselves, there are certain limitations and exceptions. For example, the First Amendment of the US Constitution, which applies to Texas, does not protect certain types of expression such as fraud, obscenity, child pornography, true threats, and speech that incites illegal conduct. Additionally, the government may impose reasonable "time, manner, and place" restrictions on protests and assemblies to maintain order, as long as these restrictions are not intended to suppress the content of the speech.
Texas State University, for instance, has implemented the UPPS 07.04.01 - Expressive Activities Policy, which affirms the university's commitment to freedom of speech while also setting parameters for the engagement of free expression and demonstration on university property. This policy ensures that individuals can exercise their right to freedom of speech while also maintaining a safe and respectful environment for all members of the university community.
In conclusion, freedom of speech in Texas is a fundamental right protected by both state and federal constitutions. Texans have the liberty to express themselves without fear of censorship or retaliation, but this right is balanced with reasonable limitations to protect the rights and safety of others. The state's commitment to freedom of speech is evident in its legal framework and the policies implemented by educational institutions, fostering an environment that encourages open dialogue and the exchange of ideas.
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Freedom of the press
> "Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press."
This section guarantees the right of individuals to express their opinions and ideas through the press without interference or censorship from the government. It is worth noting that this right is also protected by the First Amendment to the United States Constitution, which applies to all states, including Texas.
The freedom of the press is a cornerstone of democracy, enabling the free flow of information and facilitating informed public debate. It allows journalists and media organisations to investigate and report on matters of public interest, holding those in power accountable for their actions. This right extends to all forms of media, including print, broadcast, and online publications.
However, it is important to note that freedom of the press is not absolute. While the Texas Constitution guarantees this right, it also recognises the potential for abuse. Libel laws, for example, are one way in which the law balances freedom of expression with the protection of an individual's reputation. As per the constitution, "in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the Court, as in other cases." Additionally, the First Amendment to the United States Constitution, which Texas is subject to, outlines several types of expression that are given less or no protection and can therefore be restricted, including fraud, obscenity, child pornography, speech that incites illegal conduct, true threats, and commercial speech.
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Libel
The Texas Constitution guarantees freedom of speech and freedom of the press, but it also acknowledges that individuals are responsible for any abuse of this privilege. This is where libel comes in. Libel is a form of defamation expressed in written or other graphic form that can injure a living person's reputation, expose them to public hatred, contempt, or ridicule, cause financial injury, or impeach their honesty, integrity, virtue, or reputation. It can also involve publishing the natural defects of a person, which can lead to similar negative consequences.
The Texas Civil Practice and Remedies Code, Chapter 73, outlines the legal provisions related to libel. It includes definitions, mitigating factors, and procedures for addressing libelous statements. For example, it specifies that a broadcaster is not liable for damages for a defamatory statement made by someone else during a radio or television broadcast.
In Texas, the law provides protections for individuals and entities accused of libel. One such protection is the ability to issue a correction, clarification, or retraction. If a timely and sufficient correction is made, it is considered a correction on behalf of all persons responsible for the publication, except for those who republished the information. However, requests for corrections and the contents of those requests are generally not admissible as evidence in a trial.
Additionally, the publication of certain matters by a newspaper or other periodical is considered privileged and cannot be grounds for a libel action. This privilege does not extend to republication if it is proven that the matter was republished with actual malice after it was no longer of public concern.
In Texas, the law also outlines the mitigating factors that can be considered in a libel action. The defendant may provide evidence related to the circumstances surrounding the claim, the context of the libelous publication, and any public apologies, corrections, or retractions made. Furthermore, the defendant may present evidence of their intention in publishing the libelous material if it is specifically pleaded.
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Right to peaceably assemble
The right to peaceably assemble is a crucial legal and cultural protection for dissenting and unorthodox groups. This right is protected by both the U.S. Constitution and the Texas Constitution. The First Amendment of the U.S. Constitution states that "Congress shall make no law...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble".
The Texas Constitution, in Article I, sections 8 and 27, protects the "liberty to speak, write or publish...opinions on any subject" and "the right...to assemble". These provisions safeguard the right to march, leaflet, parade, picket, circulate petitions, and ask for signatures, among other forms of peaceful protest. Texans have the right to express their views in these ways regardless of how unpopular or controversial they may be.
However, it is important to note that the right to peaceably assemble is not absolute. The government has an interest in maintaining peace and public order, and may restrict some protest activities in certain ways. The constitutional protection offered to protests varies depending on the location or forum. Traditional public forums, such as public streets, sidewalks, and parks, have historically been places of assembly and debate, and governmental regulation of speech in these spaces is very limited. On other public property, such as plazas in front of government buildings, individuals likely have the right to speak out as long as they are not blocking access or interfering with the intended use of the property.
The right to assemble has a long history, dating back 800 years to the Magna Carta, and receiving explicit protection in the English Bill of Rights of 1689, long before the American Revolution. In the United States, the right to assemble gained particular prominence as the country entered the Second World War, with eminent figures such as Eleanor Roosevelt emphasizing its significance.
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Right to petition the government
The Texas Constitution, in Article 1, outlines the Bill of Rights, which includes the right to petition the government. This right is protected by both the US Constitution and the Texas Constitution.
Section 27 of the Texas Constitution states that citizens have the right to assemble peacefully and seek redress for grievances or other purposes through petitions, addresses, or remonstrance. This right to petition is a fundamental aspect of participatory democracy, allowing citizens to communicate their concerns directly to those in power.
The right to petition the government is not limited to a specific form or format. Petitions can be submitted in writing, either in ink or pencil, as long as it does not invalidate the petition. They can also be submitted electronically, via email, to the relevant filing authority, although there are specific requirements for this method. For instance, all pages of the petition must be submitted simultaneously unless express permission for supplementation is granted. Additionally, the signature must be an original, non-digital, "wet signature".
The right to petition is further strengthened by the ability to file legal actions or lawsuits to address grievances or seek redress. Chapter 27 of the Civil Practice and Remedies Code outlines the procedures for such actions, aiming to encourage and safeguard the constitutional right to petition while also protecting the right to file meritorious lawsuits.
It is important to note that the right to petition is not an absolute right and can be subject to certain limitations. For example, the Texas Constitution also provides for the right to free speech and assembly, which may overlap with the right to petition. However, the exercise of these rights should be done peacefully and within the bounds of the law.
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Frequently asked questions
The Texas Constitution's Bill of Rights, in Section 8, states that "Every person shall be at liberty to speak, write or publish his opinions on any subject...and no law shall ever be passed curtailing the liberty of speech or of the press."
Freedom of expression includes freedom of speech, freedom to assemble, and freedom of the press.
The First Amendment outlines that certain types of expression are given less or no protection and can be restricted, including fraud, obscenity, child pornography, speech that incites illegal conduct, true threats, and commercial speech. The government can also place time, manner, and place restrictions on protests and other expressive activities, as long as they are not intended to suppress the content of the speech.
Examples of freedom of expression include flag burning, protests, demonstrations, and petitions to the government.
