...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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...to draftees that stated that the draft was a horrible wrong and it was supported by the capitalist system. The circulars pushed that draftees should not let intimidation control their decision and states that they should do only peaceful things to stop it including trying to get the conscription act repealed by petitioning against it. This lead to Schenck being prosecuted for conspiracy to breach the espionage act by trying to cause disobedience in the military and to hinder recruitment. E. Is what Schenck did protected by free speech in the first amendment or is he breaching the espionage act? F.The court ruled that schenck was not protected due to the court believing...
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...Prayer Allowed In School Recently there was an incident in New York, where a student closed her middle school ceremony in prayer. They are deciding if it is a violation of the First Amendment even if it was given by a student (Haynes). There was another problem in Washington when a Football coach Joe Kennedy prayed with his players after a football game, he was put on a paid administrative leave because the school district didn't want to be seen as endorsing religion(Fox News). It has been a big problem in our American Society, causing a lot of problems in schools like teachers get fired and officers trying to settle ceremonies after surprise prayers and some people believe it is restricting their faith and belief. If we include the “Prayer Amendment” (Amendment 28) it will solve the problems in the school. The “Prayer Amendment”, will specifically permit prayer during school meetings and during school hours without getting in trouble....
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... Des Moines cases affirmed the rights of students to express themselves and the 1st Amendment prohibits laws that limit free expression. The case of Tinker v. Des Monies was rather a simple one. The case of whether the first amendment applied to students or just adults. The students argued that they should be allowed to wear armbands to display their praise for the people of the dead during the war. The staff thought this shouldn’t be allowed, mostly because of their influence of their actions might disrupt the learning environment of the class and (possibly) the school. This is understandable. They only wanted was best for the students. Although they are doing this for the best for the students, isn’t this a little restricting? Yeah sure, they don’t want the students to form a riot, but not allowing them to express their feelings from the war by not letting them wear arm bands, worse case not allowing them to return until they didn’t wear it? That’s the reason why the case was started in the first place. This could be avoided if they were allowed to wear the armbands in school…to a certain extent that is. Besides, this could be the exact reason why a riot might form, the restrictions is causing a stressful strain to the students and couldn’t take much more of it. In 1965, 3 students Mary Beth and John Tinkers and one other student in Des Moines, Iowa decided to wear black arm bands to school in representation of mourning the dead and protest the Vietnam War. The Vietnam War...
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...you agree that Tyler Harper should have not been allowed to wear the t- shirt to school. Finally, discuss the implications to the court’s ruling has on the freedom of speech. Limitations on Freedom of Speech The first amendment allows all human beings the right of freedom of speech. The purpose of this right is that it admits free communication of ideas and opinions so that congress cannot make any “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”(Caselaw1). On the day of silence designated to teach tolerance of gay and lesbian students, Tyler Harper, a high school student, wore a T-shirt which message was directed straight at gays saying that homosexuality is shameful. An editorial in the Los Angeles Times entitled “free-speech fashion,” evaluates a problem that interferes with Tyler Harper’s constitutional rights. Although the ruling does not accurately line up with the first amendment and is unfair in Harpers situation, the Supreme Court applied a so called “right” to not be offended which gave authority to suppress speech. Every individual is entitled to freedom of speech on the day of silence, while gay people are allowed to freely express their beliefs on homosexuality, Christians can also do the same in regards to their beliefs. The court explained that the school Harper attended, Poway High School, was within its rights because...
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...United States, and is secured for its citizens through the first amendment which reads “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...” (as cited in Killian, 1994). This article calls for the separation of church and state as well as the protection of religious liberty. The importance of separation through the government not promoting or endorsing any form of religion, is often felt in the public school system. The reason that the separation is felt in the public education system is because public school is a government program so, it is not allowed to endorse any religion, however, the students who attend there must be allowed to retain their religious liberty. This conflict has brought about valid opinions and concerns for the different aspects of religion found in a school setting. These aspects include prayer in school being allowed in the school; the teaching of religion in...
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...escaped from Missouri to Illinois to become a free man and later went back to Missouri to sue for his freedom from his owner by claiming that because he had resided in a free territory he should be free. His owner argued that because he was of only african descent that he could not be a citizen under the constitution. E. Is Dred Scott considered a free man because he escaped to Illinois and live there for a while or is he still a slave as he was a slave post Missouri Compromise? F.The court ruled that Dred Scott was still a slave because only congress could grant citizenship and since he started out as property simply just moving to free states could not make...
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...v. Vitale, people have been upset that God has been kicked out of the classroom. Engle v. Vitale was a landmark Supreme Court case, in which it was ruled that the public school could not be started or concluded with a formal reciting of a non-denominational prayer (Bill of Rights Institute, 2010). The following information will show both sides of the argument of if prayer should be allowed in schools. Background information will be given on the history of prayer in school and prayer in congress, and my personal thoughts on this important position. Argument There are many different viewpoints on the argument of prayer in schools. We will begin with the argument of allowing prayer in schools. The United States Constitution protects religious freedom under the First Amendment. The First Amendment states that Congress should not make any law respecting the establishment of religion or prohibiting the free exercise of religion (U.S. Constitution Online, 2010). The interpretation of the First Amendment has been the basis for many arguments of how to apply the information to laws on allowing or not allowing prayer in school. Being extremely general in their language, the first two clauses of the Amendment say nothing about how to apply their information. Advocates for including prayer in school have argued for a long time that banning the practice...
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...to leave their homes and cross thousands of miles on boats to come to America. This search for the right to practice religion freely is the reason that religious freedom is considered so important in the United States. And it is secured for its citizens through the first amendment, which reads “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...” (as cited by Killian, 1994). This part of the article calls for the separation of church and state as well as the protection of religious...
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...public school across the country, meaning their ownership over these schools must follow what America stands for based on what's said in the Constitution. In the First Amendment, the clause on Freedom of Religion 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” (The 1st Amendment). This secures that all students in school have the right to their own beliefs and practices. This becomes very controversial when multiple ides start to cross paths. Influence or persuasion in any form...
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...paper looks at the laws for surveillance by the police. After that this paper is investigating the idea of cameras in the school system legal or not, for protection or is it a violation of the fourth amendment rights to the students. Last the paper looks at surveillance by private security. Understanding Search and Seizure Law The police are governed by the 4th Amendment to the U.S. constitution which places limits on the power they have. For the police to make arrests, search a person or their property they have to work under the fourth amendment, which are the laws set for search and seizure. The Fourth Amendment to the U.S. Constitution reads as follows: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (The Charters of Freedom, nd). The fourth amendment provides for the search and seizure and is all about privacy of the people. Because of this freedom, the fourth amendment protects against “unreasonable” searches and seizures by any law enforcement authorities. On the other-hand the fourth amendment permits all search and seizures that are reasonable. Because of this amendment the police can search one’s person, home, car, and all the way down to the trash can as long as the...
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...Prayer in Public Schools Derrick DuHart Race, Religion, Culture Arkansas Baptist College Dr. Johnson, Instructor November 4, 2014 Tables of Contents I. Introduction Background/Statement of Problems pg. 3-4 Purpose of the Study pg. 5-12 Research Questions pg. 13 Significance of the Study pg. 14-19 II. Literature Review Methodology and Sampling Design Strategy pg. 20 Data Collection Procedures pg. 20 Data Analyzed pg. 21 Ethical Issues pg. 21 III. Results Conclusion pg. 21-22 References pg. 23 Appendix: I. Annotated Bibliography pg. 24-26 II. Survey Questions pg. 27 III. Results (Charted/Tables) pg. 28-31 Notes: I. Introduction Background/Statement of Problem Prayer in Public Schools The courts have ruled against prayer in school. Many agree with the decision; yet many disagree. Prayer should be allowed in public schools because it is already practiced. It prevents...
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...that all American citizens have the right to speak due to the First Amendment of the United States Constitution. The First Amendment being any law respecting all that someone has to say also known as freedom of speech. ”To engage in a debate about the First Amendment and racist speech without a full understanding of the nature and extent of that harm is to risk making the First Amendment an instrument of domination rather than a vehicle of liberation” (Lawrence Pg. 345). Hate speech is usually misunderstood because people make careless statements about one another and doesn’t notice or take the time to acknowledge that their form of freedom of speech inflicted damage to the victim. Then again, every person has their own definition of hate speech. Often people say that any negative speech towards a group is considered a form of hate speech; however, church religious groups are against the whole “gay marriage” and just homosexuality in general but they’re still allowed to speak out and protest against America. People are believed that the use of hate speech is to be a violation to the First Amendment but other people think otherwise and is believed that they have the right to say and express whatever they have to say and it’s protected; furthermore, hate speech also causes fear to a person which results in physical and emotional damage. In high school, sports was a big deal to everyone at my school because we were known for having the nicest track field and swimming...
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...Religion on the Field In some schools it is a custom for students to say a prayer before a football game or school events. In the Santa Fe Independent school district a Christian prayer was always said before the game begun. However there were two families from different religions that objected to these prayers and brought suit to the school district. While in New Orleans the prayer was declared unconstitutional by the U.S court of appeals. In Texas a judge said that the prayers should be permitted, and in Atlanta Georgia the U.S court of appeals ruled that the prayers must be permitted before a football game or any other school event because not permitting the prayer would violate the first amendment. There is a lot of confusion on whether the prayers should be permitted or not, because of our first amendment. In this case the school district is trying to find a way to be able to say the prayers without violating the rights of the minority. In the case of the Santa Fe Independent School District V. Doe We see the debate between whether or not a religious event should be allowed to happen on school grounds. Should a religious event such a prayer be allowed before a football game on school grounds? Is it a constitutional violation to allow this event to happen? I believe that it is unconstitutional to not let the students say their prayers before the football games because they have the freedom of speech. Students should be able to say their prayers because it is what they believe...
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...founded on the basis of freedom and democracy. Freedom is an amazing thing to have but there are times where it is used excessively causing harm around us. It is wonderful to be able to express opinions but there should be a limit as to what we should say to others or in public. John Stuart Mill argues that the government must never censor its citizens, no matter their opinion and that is agreeable to certain extent. The Bill of Rights is one of the nations essential founding documents added to the constitution in 1791. The Bill of Rights are the first 10 amendments to the constitution that limit the power of the United Stated federal government and itemizes fundamental rights and liberties provided to the people. The Founding fathers wanted to create a strong national government in which its citizens were able to have a voice in what goes on in the government. Though the constitution had already certain rights protected for the citizens many argued that those amendments weren’t enough for many citizens. Thomas Jefferson, one of the founding fathers was pressuring the government to pass the bill of rights. “ A bill of rights he insisted is what the people are entitled to against every government on earth, general or particular and what no just government should refuse” (Bessette and Pitney p.57). In other words, Jefferson wanted the people to have rights that the government cannot take away, rights that they deserved. The founders wanted to show citizens that the government...
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