Part of the First Amendment to the Constitution of the Unite

Part of the First Amendment to the Constitution of the United States says that Congress shall make no laws abridging the freedom of speech. However, there are laws that prohibit the use of certain offensive language on television. How can such laws exist in view of the First Amendment protection of freedom of speech? If Congress and the Courts can ignore the specific language of the Constitution as to free speech, can they ignore other parts of the Constitution?

Solution

Freedom of speech is a constitutional right in the USA as per the First Amendment to the Constitution.

However, this freedom is not absolute. Supreme Court has the power to recognize few categories of speech that will not be included in the classification of freedom of speech.

Laws prohibit the use of speech and expressions based on obscenity, child pornography, etc. These laws exist and prohibit the use of speeches promoting obscenity etc, because these are sensitive areas and can hurt the ethos and sensitivity of citizens. These speeches are undesirable and hence laws against the use of obscenity, child porn etc, exist.

No, the congress and the Court cannot ignore other parts of the Constitution. The congress always has the option of ratification in order to improve a law, but they cannot ignore it. Even in the case of freedom of speech, the specific language was not ignored. The law was ratified so as to suit the requirements of the time. In 1798, the Congress ratified the first amendment to include the Alien and Seditions Act.