Persuasive Essay On Freedom Of Speech

New Jersey recognizes the right of free speech granted to United States citizens under the Federal Constitution. Freedom of Speech is not only imperative right to be protected, but is one of the first Amendments to the Constitution that is essential to the democracy. Our court identifies this fact and must uphold this democratic institution in order to truly serve the informed American public. In turn, the courts must hold accountable the individuals who abuse this freedom, damaging the reputation and stature of another person. Given that the statement is indeed false and defamatory with blatant disregard for the facts of the situation, which was intended to have malice intent; the person is therefore punishable by law.
In the case of Shea
In this instance, Ms. Barnes forgot the notion, “it's not what you think you know, but what you can prove”. She failed to present any hard facts or evidence in her accusations. In a similar case, Ronald Durando and Gustave Dotoli v. Nutley Sun and North Jersey Media Group, Inc., the Plaintiffs failed to prove the Nutley Sun meant to cast a false light on their charges filed by the SEC. 209 N.J. 235 (2011). Citing the two Plaintiffs were being charged with criminal activity and not arrested, Nutley Sun accidently misreported the facts as the opposite. The courts did find for the defendants; as the headline claiming the Plaintiffs were arrested was not done with malice intent nor, what the newspaper truly meant to report. This is not the case with the blog article posted in relation to Shea Simmons. Blantly, she was blamed for the lost Greenward Academy suffered. While, Mr. Winchell is just as guilty for his role in the blog posting. He cited that he “encouraged her to follow through on this idea” (Cameron Winchell, line 46). His approval on the blog posting could have easily prevented this matter had he acted on his hindsight, and not his emotion of bitterness due to