...The First Amendment I believe that the First Amendment was written as a means of protecting the church from the state. The First Amendment is considered the most important amendment in the United States Constitution. It protects the rights to freedom of religion, freedom of expression, freedom of speech, freedom of assembly, and freedom of press from government interference. [1] According to J. Hutson in his book the “Church and State in America”, he states the amendment “prevented the federal government from establishing a national religion and allowed people to freely exercise their religious beliefs and practices.”[2] Basically, the First Amendment gives the people the ability to live their lives the way that they want to, the lifestyle that they choose. This amendment was passed 1789. James Madison, known as the “Father of the Constitution” for his contribution to the Constitution, and proposed twelve amendments, which ended up becoming the first ten amendments of the Constitution. These first ten amendments make up what became known as the Bill of Rights. [3] The purpose of the First Amendment of the Bill of Rights, written mostly by James Madison, with the assistance of Thomas Jefferson, was to address three fundamental freedoms all citizens have: religion, speech and peaceful assembly. According to the Buchanan (2010), when the U.S. Constitution was signed, it did not contain the essential freedoms now outlined in the Bill of Rights, because many of the Framers...
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...The freedom of speech which we enjoy is contained within the rights protected under the First Amendment, a part of the Bill of Rights. The Bill of Rights was added to the United States Constitution as the first ten amendments in order to gain acceptance and ultimately the adoption of the Constitution. Many have questioned the intent of our founding fathers with regard to speech and the freedoms associated with it. Throughout history, there have been many interpretations of the First Amendment, and just as many questions pertaining to which types of speech are protected. When this country was founded, many of the principles that were important to our founding fathers were important because of their experiences with the British rule. They wanted to ensure the new country and system of government they formulated would protect specific rights of its citizens. The purpose of the First Amendment was to guarantee freedom from governmental control. The founders of our government had enough foresight to see that no other right would be secure without the rights guaranteed within the First Amendment (Kanovitz, 2010), thus it has been stated that this is the most important of all the amendments (Monk, 2003). They left the language general allowing for the ability to make changes to the Constitution (Tueber, 1988). There were five rights specifically stated in the language of the First Amendment. These rights were freedom of religion, the press, speech, assembly and the ability...
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...Running Head: THE FIRST AMENDMENT [pic] Reflections on the First Amendment NAME University of Phoenix Online United States Constitution – HIS301 Reflections on the First Amendment Judged by the sheer number of cases brought to the Supreme Court for debate, the First Amendment can be considered one of the most controversial amendments in the Bill of Rights. The First Amendment was written to address three fundamental liberties all citizens have: religion, speech and peaceful assembly. On closer inspection, there are six very different ideals melded together into one defining statement. When the U.S. Constitution was signed on Sept. 17, 1787, it did not contain important freedoms that are now outlined in the Bill of Rights, because many of the Framers viewed some of the freedoms as unnecessary. However, after vigorous debate, the Bill of Rights was adopted. The first freedoms guaranteed in this historic document were expressed in 45 words written by James Madison that we have come to know as the First Amendment. The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Freedom of expression, artistic or otherwise in the United States is governed by the First Amendment to the U.S. Constitution...
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...Freedom of Speech BCOM/405 April 4th, 2011 Freedom of Speech The Constitution of the United States was written in 1787 and put into effect in 1789. The first amendment was put into place in 1791 as a part of the Bill of Rights. The first amendment of the Bill of rights ensures individuals freedoms of religion, speech, the press, and right to assemble. Freedom of speech will allow individuals to express their ideas freely. In the early 16th century individuals were taken to prison for speaking their minds and sometimes this penalty was punishable by death. This paper will define free speech and compare and contrast two different types of legally protected speech. Two examples of Legally Protected Speech are Commercial Speech and Artistic Speech. Free Speech Free speech is the reference to one’s given right to express opinions, ideas, beliefs, and information. However, free speech does not come without restrictions. Although the founders of the Constitution had good purpose, the idea of free speech was not carefully considered. Because the adoption of the Bill of Rights, the judges has fought back to define speech and the extent to which freedom of speech should be protected (The Free Dictionary, 2011). As a result of struggling to define free speech, regulations, and protections have been implemented into the First Amendment. Commercial Speech At one time, purely commercial advertisements had been considered to be outside the First Amendment’s...
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...Freedom of Religion, Speech and the Press The first amendment is part of the United States Constitution in a short portion called the United States Bill of Rights. The Bill of Rights is one of the high laws of our land. “It guarantees that the United States government can never deprive people in the United States of certain fundamental rights,” according to aclu.org. The first amendment states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof: or abridging the freedom of speech, or of the press: or the right of the people peaceably to assemble and to petition the government for a redress of grievances,” according to nccs.net. This means that us as Americans have the right to...
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...Thesis: Unless the Rights of the first Amendment Freedom of Speech is Explained it can be used well and improperly. There are many ways it can be used and cannot. If it is wrongly used you will be prosecuted. What is Freedom of speech * A.The framers of the constitution guaranteed freedom of speech and expression to the citizens of the United States with the First Amendment, which reads, in part, "Congress shall make no law … abridging the freedom of speech B.Freedon Of Speech is the first Amendment in the bill of rights How can the right of Freedom of Speech be misused * A.Using freedom of speech to get back at someone or anything personal can be damaging, and in some cases, you may even be sued for slander or libel. In most countries there is a limit to freedom of speech, and hate speech is outside the limit. B.Freedom of speech is a right and also a privelage. C. This was written primarily for countries which have a freedom of speech. Some countries don't have a Freedom of Speech law. A. The First Amendment says that people have the right to speak freely without government interference. B. The First Amendment prohibits government from establishing a religion and protects each person's right to practice (or not practice) any faith without government interference. C. The First Amendment says that people have the right to gather in public to march, protest, demonstrate, carry signs and otherwise express their views in a nonviolent way. It also means people can...
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...The first amendment was created, so that everyone would have the right to freedom of speech, petition, assembly, religion, and press. Although, it is stated that the government won’t interfere with those rights, it is not always followed.The first amendment is not being followed in society today because young adults do not fully comprehend the first amendment and, being refused to be able to have freedom of speech. Young adults do not understand the first amendment. “Fires burned in the cradle of free speech. Furious at a lecture organized on campus, demonstrators wearing ninja-like outfits smashed windows, threw rocks at the police and stormed a building. the speech? The university called it off.” Everyone has the right to freedom of speech,...
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...The most important amendment of the Bill of Rights is the First Amendment. There are five freedoms guaranteed in the First Amendment: the freedom of speech, religion, press, assembly and petition. Another way to express this amendment is that it gives us our most basic freedoms as American citizens. The reason this amendment is important is because it protects an American’s citizen’s basic rights. There have been many challenges to this amendment over the years. Two of the primary challenges to the amendment are Bethel School District v. Fraser and Tinker v. Des Moines Independent Community School District. In the case, Bethel School District v. Fraser, Fraser, a public school student, was suspended for using sexual references in a speech endorsing one of his friends for a student government position. Bethel School District decided to suspend Fraser which led to Fraser suing Bethel School District for violating his freedom of speech....
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...Freedom of speech is important is school because it teaches about your rights, promotes creativity and improves behavior. Freedom of speech is important because it teaches students about their rights. This is important because it helps develope a better understanding of how the government works. Freedom of Speech in schools also gives students a better understanding of the world. Freedom of speech in schools. According to Learning to Appreciate Our First Amendment there are connections between their knowledge and attitudes of free expression. So the more freedom they have the more knowledge they have. Students can understand and learn to respect their First Amendment rights Freedom of speech is important because it teaches students about...
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...Walking On a Line of Freedom Freedom. The most amazing gift the founding fathers gave America. The right not only to have a voice and be heard, but also to express that voice with our beliefs and patriotisms. There are those though, that walk that line of freedom and purposely use it to hurt and offend others. T They cause harm and discomfort with their speech or expressions, causing conflict on deciding what’s just and unjust in the constitution. Are they correct in their actions? No, but the First Amendment was made to protect their rights, which include speech and expression. Freedom of speech does not mean it will always be used justly and candidly. In fact, Derek Bok stated, “The fact that speech is protected by the First Amendment does not necessarily mean that it is right, proper, or civil.” (Bok 66) There are those that choose to abuse freedom of speech, and like immature adolescence, seek joy out of insulting and offending others. They are ignorant, insensible, and unenlightened on what the First Amendment was truly made for. This is the reason freedom of speech is not always used justly and properly. Another misunderstood and abused right is the freedom of expression. Expression, is a proclamation or declaration presented in an outward aspect. The First Amendment helps protect laws from violating the right of freedom of expression. This unfortunately just like freedom of speech, does not always mean it is used correctly and honestly. Yet again there are those...
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...and many people have died so we could have the rights that present today. The freedom of speech, freedom of religion, freedom of assembly, and most importantly the right to petition our government; all of which fall under the First Amendment in the Bill of Rights. Our nation’s flag is an everlasting symbol of freedom and hope that stands as a testament to our nation’s power. Most importantly our flag represents the freedom of the individual to express his ideals as they see fit. Therefore when the very essence of Americans freedom is challenged by the “flag amendment,” that would forbid the desecration of the American flag, a dilemma forms. While flag burning is highly offensive, it is none the less a means of expression and is protected by the constitution of America. Forbidding an individual from expressing themselves is the opposite of what our flag represents. By protecting the American flag under a constitutional amendment not only conflicts with the First Amendment, but opens a door for the government to take away even more of our rights. The First Amendment to the United States Constitution, states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of people peaceably to assemble, and to petition the government for a redress of grievances.” [Source A] The First Amendment clearly gives all citizens of the United States the...
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...United States is the case of Tinker vs. Des Moines. The case decides the issues of symbolic speech and its limits. It displays the right of individuals, including children wherever they are, even school. In this case we see the limits of the first amendment and how far this right extends. What happened in this case? One day in 1969 brother and sister John and Mary Beth Tinker wore black armbands to school in protest over the United States’ involvement in the Vietnam War. The school issued a new policy stating that those who wore armbands would be asked to remove it right away. If that student failed to remove his armband, he would be suspended until agreeing to return to school without the armband. The Tinker children and their friend wore the armbands to school and were suspended because they did not remove their armbands. On January 1, 1966, their scheduled day for the end of their protest, the children returned to school. Their fathers filed suit to United States District Court. The U.S. District Court recognized their right to free speech but did not issue an injunction because the school’s actions were reasonable because of possible disruptions from the students’ protests. The fathers appealed to the Court of Appeals which ended with a...
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...The First Amendment The first amendment is like the glue that holds American society together. It provides people to express themselves however they want without being persecuted for having different views. The fact that the government has no right to intervene in our personal of public life through religion or speech is what classifies this country as “Land of the Free”. Initially, This amendment gives us our basic right to express ourselves in whatever way we see fit, as long as it isn’t illegal. On December 15, 1791, This amendment along with nine other amendments was ratified to make up what is know as the bill of rights. This amendment came about at the genesis of America. Citizens of America wanted a guaranteed right to their basic freedoms. It was the layout of a new and free society. Of all the founding...
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...First Amendment Paper Denard Benton HIS/301 Dick Ecott Sep 23, 2011 In this paper I will be discussing three court cases cases concerning the first amendment of the Constitution of the United States. For each of these cases, I will answer three questions about why they were important and how they are relevant to today’s society. The first question I will get into is to what extent the Constitution protects the right to privacy. Why did each case need to be heard and interpreted by the Supreme Court? And how does the Supreme Court’s decision in each case continue to affect the rights of American citizens today? The first topic I will get into is concerning the burning of the United States Flag. In 1990, the case involving the United States v. Eichman, when a man burned a United States flag in political protest. The individual who burned the flag knew he would seriously offend onlookers by doing so. In 1989, congress passed the Flag Protection act. This act criminalizes the conduct of anyone who “knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon” a United States flag, except conduct related to the disposal of a worn or soiled flag. Appelees were prosecuted in district courts for violating this act. Even after this was passed, protestors of the government knowingly burned flags against policies and other beliefs. Some protestors burned the flag just because the act was passed. During these cases, the appellees moved...
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...was arrested for desecrating the American flag. Flag desecration is the act of intentionally destroying, damaging, or mutilating a flag. It’s usually done in the public and usually the destruction is caused to a national flag. Rozzi’s flag destruction is a form of protest which is considered a right to freedom of speech under the First Amendment of the American Constitution. The controversy of flag desecration started with the case, United States Supreme Court in Texas v. Gregory Lee Johnson in 1989, when Johnson drenched an American flag in kerosene and burned it in front of the convention building while protesting the polices of Ronald Reagan. Other protesters followed Johnson with chanting “America; red, white and blue; we spit on you.” Johnson was arrested and convicted under a Texas law for intentionally desecrating a state or national flag. He was fined $2,000 and sentenced to one year in jail. He appealed the Supreme Court decision and Texas argued that they had a right to protect the flag as a symbol of national unity. Johnson argued that his freedom to express himself protected his actions. Luckily, the Court sided with Johnson’s argument for expressing freedom of speech. The United States Supreme Court in Texas v. Johnson case generated years of debate over the meaning of the flag, including efforts to amend the Constitution to allow for a prohibition of the “physical desecration” of the flag. Because of this controversial case, Congress rushed to create the Flag Protection...
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