...First Amendment protections of speakers’ rights to speech and assembly vary based on the speakers’ chosen forum. The Supreme Court breaks down forums into three types: traditional public forums, designated forums, and nonpublic forums. See Perry Educ. Ass’n v. Perry Educators’ Ass’n, 460 U.S. 37 (1983). Finally, some public property is not a forum at all. Traditional public forums include public parks, sidewalks and areas that have been traditionally open to political speech and debate. Speakers’ in these areas enjoy the strongest First Amendment protections. In traditional public forums, the government may not discriminate against speakers based on their views. This is called “viewpoint discrimination.” The government may, however, subject speech to reasonable, content-neutral restrictions on its time, place, and manner. When considering government restrictions of speech in traditional public forums, courts use “strict scrutiny.” Under strict scrutiny, restrictions are allowed only if they serve a compelling state interest and are narrowly tailored to meet the needs of that interest. Sometimes, the government opens public property for public expression even though the public property is not a traditional public forum. These are designated public forums. After opening a designated public forum, the government is not obligated to keep it open. However, so long as the government does keep the forum open, speech in the forum receives the same First Amendment protections as...
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...Anthony J. D’Angelo once stated that “in order to succeed you must first fail, so that you know what not to do the next time.” This quote resonates greatly with the events that took place in Philadelphia in 1787 since this was when the supreme law of the United States was signed into action. This happening brought about the conclusion of an era in which the federal government was too weak and was replaced with one known driven by The Constitution, a piece of legislation that was adequate and fulfilled the needs of this newly formed country. As a prolonged and arduous war ended against one of the world’s greatest superpowers, the Continental Congress of the United States of America began drafting its first constitution in mid-1776, they became known as the “Articles of Confederation.” Less than a decade later an uprising led by Daniel Shays, a former revolutionary, arose when the people became discontent with the current conditions the country was in and blamed their dissatisfaction on the government. (Curtis) These farmers were in poor and in debt, and although the rebellion was swiftly crushed, it demonstrated how powerless the government really was and proved that imperative action was necessary to rectify the issues that were currently afflicting the young nation. The fact that the Articles of Confederation failed was actually a positive outcome, since it was held in place for 10 years it served as a good guideline for what was needed. It was a big risk since they had...
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...Supported by the required readings and presentations of Module/Week 1, post a thread defending 1 of these 2 First Amendment interpretations: 1.The First Amendment was written as a means of protecting the state from the church. 2. The First Amendment was written as a means of protecting the church from the state. The First Amendment was written as a means of protecting the church from the state is the most logical interpretation of the First Amendment to the constitution. Hutson stated in his book “Church and State in America” that the amendment “prevented the federal government from establishing a national religion and allowed people to freely exercise their religious beliefs and practices. The issue in today’s society is not that the people believe that the government should establish a national religion but rather that any reference to any faith (in particular it seems Christian) should be abolished as it “offends” some citizens to see it. In many cases the “offensive” object is not on government property but is rather a private display or decision. If this were ten years ago I might have argued that the issue was keeping the Church out of the State. However, more recently, the focus seems to be the other way around. Now more than ever, it seems that the focus needs to be on keeping the state out of the church setting. Consider these recent cases. In Houston there were five Christian Pastors that were served subpoenas by the city to turn over any sermons that specifically...
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...The First Amendment Lori Hardin AED/204 The first amendment in the Constitution of the United States does relate to our educational system. Although it can be challenging and often very complicated like the pledge of allegiance being said at school. The saying of “Under God” has been a topic of dispute. The reference of religious preference is imposed and the first amendment states that it is prohibited to have any law that includes the use of religion. It gets complicated because most schools are funded by our government and they make up the rules. It is kind of a catch 22 when we say the pledge with the words “Under God and the funding from the government it can be seen as unconstitutional to some. I would put as respect for my country not any reference to religion. Another example of the use of religion in school and the complication of the first amendment is the use of prayer before sporting events and before graduation ceremonies. A lot of teams will say the say a prayer in locker room before the big game. Some may see this as a violation of the amendment but I think a player should be able to say it if they so choose and those that don’t is ok as well. It is a form of Freedom of Speech and students have that right as well. Some people view this as the schools sanctioning religion. Schools on the other hand take a similar stance here that they do with regard to prayer at sporting events. They stay out of the situation and leave prayer, or not, up to the students. When this...
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...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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...Freedom of Speech The constitution has many important points still valid today, however, the most important point to me is Freedom of speech in the first amendment; without freedom of speech we can’t express what’s going on around you. The freedom of speech reserves democracy. I feel as if the “I had a dream” speech says a lot about the freedom of speech, Martin Luther king Jr, expressed his freedom of speech to promote civil rights and created equal rights. Some citizen’s opposed him but the government was on his side because is a constitutional right even though most of the people did not agree at all. A personal experience in my life was I went to the gay pride parade in Detroit with my best friend that happens to be gay and that parade helped get the law passed for gay marriage at least for my beliefs; I felt that everyone there had a voice and no one was left unheard and it really showed that the freedom of speech does matter. Freedom of speech is the foundation of our country and separates us from being like all the other country’s that we split away from long ago. The constitution is such an important thing, however, I believe the first amendment is the most important because without the rights granted by the First Amendment, all other rights of the Constitution are at risk; We can't insure a free society without freedoms of speech, religion, the press, and peaceable...
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...LS305-01 Constitutional Law Unit 2 Assignment – The Concept of Free Government Bobbywayne Tillman Professor William Muniak Kaplan University Task: The Concept of Free Government Conditions: Review Chapter 2 and provided links. Define the concept of free government. analyzing how and why the framers of the First Amendment intended to protect freedom of speech and how this relates to the term “free government”. Discuss at least three elements of this freedom. What kinds of speech did they intend to protect? Do you think that they envisioned any limitations on protected speech? If so, what are some of those limitations and their rationales? Standards: Write a two to three page paper, with appropriate references. RE: Amendment I – Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or he right of the people peaceably to assemble, and to petition the government for the a redress of grievances. [1] There are three elements of the first amendment which are: 1. Separation of Church and State 2. Free Exercise of religion 3. Freedom of Speech Free government is a republican form of government in which the powers are divided between departments; the legislative, executive, and judicial. Each have distinct and independent powers designed to operate as check and balances upon those of the other two co-ordinate branches....
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...First Amendment When one is growing up, and is not so knowledgeable about our government you can be sure that every kid knows that they have the freedom of speech. Freedom of Speech is probably one of the things that some kids use the most, when talking about something maybe one of their friends does not want to hear, “I have the freedom of speech I can say whatever I want.” This to a certain extent is true. The first amendment states this: “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 petition the government for a redress of grievances”.(Bill) Though some people may try to take advantage of the first amendment, everyone should have the right to religion, free exercise, speech, press, peaceful assembly and the right to petition the government. In 1943 while at war with Germany and Japan, West Virginia wanted to instill American values by forcing Teachers and students to recite the pledge of allegiance. If the teacher or student failed to comply, they would be faced with expulsion. West Virginia’s motive for this rule seems reasonable but the consequences are beyond extreme. When a group of Jehovah’s Witness’ attended the school, “[They] refused to salute the flag because it represented a graven image that was not to be recognized.” (West) When these students refused to recite the pledge, they...
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...The First Amendment “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.” This was written by James Madison and is the first amendment in the Bill of Rights. Basically, this means that Congress cannot make laws establishing one religion that everyone must follow nor favoring one religion over any others. The government cannot tell people what religion is appropriate or attempt to influence the belief of the citizens. This amendment also guarantees that any American person can speak and/or print what is on his mind without being punished. We also have the right to meet as a group where we chose and we can petition what the government says if we truly believe it is wrong. The first amendment generally the most well known. Most people, at some point, have heard many of the phrases that are used here. This is also what a lot of disagreements are over. The first clause has been a source of much debate. Some people believe that the government should make certain exceptions to religious expression. Other people believe that all religious expressions should be restricted. People interpret laws to mean different things. There have been many judicial proceedings that involve the First Amendment. One really good example is George Daniels v. City of...
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...feel it is necessary. What would happen if we never had these rights? The first amendment went into effect in the year of 1791, but up until that people did not have the rights to religion, speech, press, assembly, and petition. The first amendment is arguably the most important part of the Bill of Rights due to its meaning, purpose, and lasting impact on the U.S. The first amendment is meaningful and purposeful in many ways. The first amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom...
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...The First Amendment covers several types of speech. These include freedoms of religious and artistic expression. There have been numerous court decisions that have broadened the scope of speech definition to encompass nonverbal, visual, and symbolic forms. The surest way to know you are aligned with the confines of the law is knowledge of the types of speech not covered by the First Amendment. This would include perjury, fraud, defamation, obscene speech, incitement of panic, incitement to crime, “fighting words,” and sedition (Reynolds, 2014). There are many examples of the First Amendment as it applies to cyberspace. In 1997, the Equal Employment Opportunity Commission filed a workplace harassment lawsuit, which is still pending. Employees were sending derogatory e-mails that were insulting to other creeds and cultures. This resulted in a discrimination lawsuit and changes in corporate e-mail policy. The New Jersey Office of Administrative Law recently found a single incident of a long joke list being forwarded by e-mail to the whole department to be” sexual harassment, ” creating an “ offensive work environment” (Volokh, 2000). Awareness has been raised in recent years in regard to cyberbullying. This First Amendment exemption and the recent rise of suicides in which digital technology, the Internet and social media have played a role is extremely troubling, especially insofar as the victims in these cases seem to belong predominantly to one often discriminated against group...
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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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...The first amendment is a right that people believe to be a crucial aspect to American society. This is, in a way, correct. Due to the ability to protest and criticize institutions publicly, suppressed people have been given their basic human rights. This was prevalent in the nineteenth century with the Women’s Suffrage Movement and Civil Rights Movement. The use of First Amendment carries on and continues to be an integral aspect of American society in the twenty first century. The shift to the technology era gives new platforms in which the First Amendment can be practiced. In the current society, the First Amendment’s use by the people influences understanding, acceptance, and rejection of different groups. The expanded use of the First Amendment increases the awareness of minority groups and their plight in the community. In the fight for equality for LGBTQ individuals, freedom of speech in the media prompts community involvement and a general sense of acceptance. LGBTQ members flood social media...
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...Reflections on the First Amendment HIS/301 January 15, 2015 Paul Betancourt Reflections on the First Amendment The First Amendment to the Constitution of the United States protects the freedom of the American people. When asked about the First Amendment, many people would only think of the freedom of speech. However, the amendment reads: 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 (U.S. Constitution, amend. I). Over time, these rights have been challenged in various cases, six of which will be discussed in this paper. The common trend in these cases is that the First Amendment rights may always be tested, but in the end, they hold true in court. The freedom of speech and freedom of the press ensure that Congress cannot pass any laws or other amendments that would later take these rights away from the American people. The idea is that all people should be able to speak freely, and news agencies and reporters should be able to speak the truth, whatever it may be, to the citizens of America (Cornell University Law School, n.d.). However, there are times where saying certain things in certain scenarios could cause grave damage to the country, the U.S. government, or even the American people. In these cases, there have actually been exceptions made...
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...The First Amendment is looked at as one of the most important Amendments there is. It's the freedom of speech. You exercise this right practically every day. This amendment can be good or it can be bad depending on how it is interpreted or understood. The main issue with this amendment is the way people use it. This right was meant to help people state their opinion but over the course of time, people have found new ways to exercise this right. The Internet has become a big place for people to become engaged in other conversations and also state their own opinion. People talk about politics, relationships, and family issues, which can sometimes result in other people disagreeing with their opinion. This can lead to a huge conflict....
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