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Freedom of Speech in Popular Culture Works
The freedom of speech in the United States is an important value that comes with the enactment of the first Amendment. While it is a basic right, its enjoyment is viewed differently in the perspective of popular culture, from the legal scene. Advocacy of unpopular ideas that may be against public policy or ideas that many people find distasteful are permitted in this amendment. In addition, free speech is associated with criticism of the government is allowed that shapes how America is governed. There is an emerging popular culture in the media that is enjoyed by over 98% of the American population. Taking two works of popular culture, this discussion will explore how freedom of speech is reflected in the works.
The popular culture in the media has over the time given useful information to the American population. Free speech by certain presidential candidates makes it possible for the Americans to make wise voting decisions. A reality show like the one ran by John Stewart brings to light some flaws in the speech made by prospective presidential candidates. In his announcement speech, Donald Trump exposed his direct dismissal of this very important subject matter. Instead of demonstrating his readiness to work with the rest of the international community, he calls America the “dumping site” for the problems of other countries (Counts 1). Stewart highlighted this flaw and also exposes Trump’s obvious contradictory remarks.
Free speech allows individuals to freely express personal opinions or give ideas on any issue. Free speech in America has given Americans opportunities to discussing political issues. On the talk show hosted by Stephen Colbert tackling national issues reveals a lot to be desired from the speeches made by presidential hopefuls. Such is from the candidate Jeb Bush, who repeatedly says the wrong things or rather, chooses wrong responses in their personal speeches. Matters like the gun policies have over the recent months been debatable issues (The Late Show 1). Although the issue of gun ownership rights is a sensitive matter, Jeb chooses the wrong kind of words. This forms his stand on such matters from the speeches gives. This highlight by Colbert consequently creates a different mindset in the American people, on political matters.
Free speech in American media outlets forms the basis of expressing public or personal opinions on debatable matters. Usually this free speech in the media houses is often framed in a certain way that is meant to create public opinion. This framing is usually meant to sway the consumer’s attitudes. It is important to have knowledgeable and strong popular cultures that hold educated free speech or opinions that could be expressed and shared. Free speech is thus enhanced and strengthened where citizens fully participate in a sharing of ideas for or against governance. Thus political socialization, economy and education are developed in the process of free speech. Free speech culture forms the dynamics of today’s governance. Free speech has great power in forming public opinions that in turn influences and shapes the government.
The popular culture of free speech is able to clearly educate the court about the impacts of the judicial systems on individuals or communities. This is the greatest impact that the popular culture represents; the society’s understanding and interpretation of law. It successfully assures the legal fraternity that the legal representation is available and most importantly effective. The freedom of free speech in the popular culture in the practices of fictitious courtrooms and the trials represents or serves as the acceptable versions of the reality in the rule of law in individuals or the communities in general (Elkins 760). This in return inspires confidence in the legal fraternity about the encouraging lessons on law in any American way of life. The freedom of free speech thus can be said to represent the dream judicial world of the communities.
The free speech exercised by both Stephen Colbert and John Stewart have immediate effects on the candidacy of the presidential hopefuls that they aired in their show. It is more likely that they lost more votes of the audience of the show. In this regard it is important to fully determine whether by exercising their free speech freedom, Colbert and Stewart created harm to the said candidates. The impact by the Supreme Court in such instances cannot be fully immediate but it is possible that in the long run the court will be impacted (Ellen, 29). This is in determining whether there is a need of judicial analysis. This analysis is meant to study the quality free speech rights by such individuals who may be creating political restrictions to the political speeches given by the candidates.
Free speech does not and cannot enhance or detract from the authority of the Supreme Court. This is because the Supreme Court views these external ideologies of the court’s judicial system as subjective ideologies. Individual’s preference through free speech is not able to influence the Supreme Court’s legitimacy orientation (Ellen 30). It is important to note that most free speech is based on assumptions rather than the actual policies of the judicial system. The court’s policy making proposes rational basis for distinguishing the court’s normal policy making as moderate, conservative or even liberal. Therefore the argument is that these subjective personal ideological perceptions must demonstrate their legitimacy.
The freedom of free speech enhances the rule of law in America. This is because the popular culture is predominantly media that is watched by almost 98% of Americans. It symbolizes the societal view of the legal culture and its processes. People are often influenced by popular culture as much as they are influenced individual experiences, most of what is known about the world and law included is comes from symbols rather than the actual realities (Elkins 770) The American popular culture represents all the things imagined to have occurred or believed to exist. They are events that have actually not been experienced. This actual representation of the rule of law in its own symbolic meaning is an effective conclusion, that the society is well aware of its existence and its perceived or actual processes.
The free speech culture on legal matters educates the public at the same time they also entertain. This is as demonstrated in the two talk shows by Stephen Colbert and John Stewart. These fictitious creations are essential to the legal structures because they contribute to the popular interpretation and understanding of the law (The Late Show 1). However the education of public on legal matters, law and lawyers included, is an aggravation of an abstract concept (Elkins 765). That’s actually what we might perceive to be educative might turn out to be not educated at all. It is therefore important whether it is perceived to be solely for entertainment, the only version of the public reality of law, lawyers and legal institutions can only be derived from the free speech obtained from popular culture work.
Popular culture does indeed provide a platform for debates in a democratic country. It is important to note that there is a direct relationship between free speech and democracy. In this regard free speech can be regarded as a vehicle of public participation to political issues (Late night show 2). It is a vehicle through which Americans can get involved in all issues of the day and actively participate in informed decision-making. Hence it is proper to say the free speech by popular culture develops a vibrant democracy (Ronit and Bryant 21). It facilitates the majority rule policy where there is a collective will and consensus on issues. Consequently as a vehicle of debate and public participation free speech enhances and improves political decision-making processes.
It is important to note that free speech offers an interesting and engaging content to the public on constitutional matters like freedom of speech. More people are increasingly getting to understand their right of speech from the way it is presented in the popular culture work. Hence people expect some specific outcomes and actions on specific matters through the freedom of expressions (Ellen 38). Although such expectations are usually unrealistic as demonstrated by the popular culture, they may call for a conflict between the public and the legal structures if the determination does not agree with both sides.
Works Cited
Counts, Dave, Trump Announces run for Presidency… Jon Stewart looses his mind over it. Retrieved from, <https://www.youtube.com/watch?v=h1Uvl3Np0mc> 7 November, 2015
Elkins, R.James. Popular culture, Legal Films and Legal Critics. Marymount University and Law School of Loyola. Retrieved from, <http://digitalcommons.lmu.edu/llr/vol40/iss2/9> 6/11/2015.
Ellen, O. What Is a Successful Legal Career?, Women Lawyers Journal. 2015, Vol. 100 Issue 3, p28-33.
Ronit, D., Bryant, G. Lawyer Satisfaction in the Process of Structuring Legal Careers.Law & Society Review, 2007, Vol. 41, Issue 1, 2007. p. 1-50
The Late Show with Stephen Colbert, What Does The Jeb Say? Retrieved from, <https://www.youtube.com/watch?v=oK3WWu7Xztk> 7 November, 2015