Freedom of Speech

Question

Is commenting on someone's body freedom of speech?

Answer 1

My mama always used to say, “Just because you can do something, doesn’t mean you should.” My mama was right just about 98% of the time, and I would heed her advice here. Whether or not it is considered your protected right as free speech, depending on the circumstances, it may not be appropriate, kind nor truthful. You may not pay a criminal punishment for such comment, but you may face social and emotional consequences for your lack of judgement. I might also suggest as you further research this topic for your essay, that you consider looking up the topics of libel and defamation. Best of luck!

Answer 2

could be sexual harassment, especially if you're alone in a dark street at night, no one else around, and your victim has no way to escape, as you're blocking the alley exit

even if the comment is covered by the 1st Amendment Free Speech Clause, you are still liable civilly in a civil lawsuit for inflicting emotional distress, as well as subject to being fired from your job for violating their policies.

If you escape the criminal penalties, the civil penalties may be as bad or worse.

"you look like you've been working out" "what do you do, 300 pound bench lift?" See an episode of Fast & Furious, as the fast talker talks/flatters Brazil employees, to try to get into a crime lab evidence room,

or "You should enter the Ms. America contest" or "she looks really hot" (see the movie A Team, as Lt. Peck tries to act brave as the woman's husband is about to set Lt Peck on fire, so hot Mars can see it, while stuck in some tires, would probably be ok, unless the darker alley scenario arises. Although Lt Peck overplayed his hand and almost got himself killed, but for the amazing last minute rescue of BA and Col Smith.

There are criminal, civil and practical penalites, all which could be major, & fatal, no matter how "innocent" the comment or context.

On the other hand if a woman commented on a man's body, the sky is nearly the limit on what she'd get away with. As long as it was positive. IF negative, not so much, but not so badly as the gender reverse play. Even if negative, the jury or judge would laugh at the guy for filing a lawsuit, and he'd be laughed out of court and in the news media as a total wimp.

With a man commenting negatively on a woman's body. He's playing with fire. Never ask a woman if she's pregnant, or assume she is, no matter how seemingly obvious. TV show's Big Bang's fictional Cal Tech Professor Sheldon Cooper admitted he learned that lesson and he knows nothing about women, but maybe that one lesson

Call it a double standard or natural gender differences, it's very serious reality, not to be ignored, without major potential adverse consequences

But if your comment on someone's body is for purely health purposes, medical, not aesthetic, such as to point out some possible skin cancer, you get major credits, especially if you're right or close to right.

Or you're a football coach telling his lineman to eat more to fatten up, it's all part of the game . All's fair in love & war & football. (who ever came up with that original maxim, it was before they invented football, but maybe long after Sumo wrestling)

Context is everything. Or nearly everything.

Answer 3

Freedom of speech is a tricky subject, as it is entirely dependent on the culture in which you are utilizing it. Different cultures have varying standards for what speech is considered socially (or even legally) acceptable, and the consequences for different types of speech are reflective of that. It is important to be knowledgeable of your audience, setting, and even local laws, and avoid comments/topics that could jeopardize your relationships, reputation, safety, or freedom. To safely utilize free speech and avoid significant backlash, it is critical to be mindful of the social consensus regarding the content of the speech you are using.

Personally, I have found that if you are unsure, asking yourself "Is this something I would want said to me?" is very helpful.

Answer 4

I can't write the essay or answer this question for you, as it is a subjective question. But, there are a few questions you can consider in formulating your thoughts.

Why would someone feel compelled to comment on someone's body?

In what situations is commenting on someone's body appropriate? (Medical professionals, modeling professionals, etc.)

In what situations do legal factors come into play? (Stalking, harassment, bullying, discrimination, etc.)

When/where in society to we feel compelled to comment on people's bodies? (In person, online/social media, in the living room watching television, etc.)

I suppose it's up to you to decide how you feel about any of the given situations that could be relevant to this question. I've only listed a small amount of examples in the parentheses that may help you formulate some thoughts. Good luck!