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Freedom of speech in a free society
Four constitutional limitations to the right to freedom of expression
Freedom of speech in a free society
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The establishment clause does not allow the government to pass legislation that establishes an official religion you must follow. Some religious things that are related to the government can be called constitutional by Supreme Court. Most people are not allowed to deny you free exercise of your religion. For example; if a student were to ask a teacher to pray before a test and the teacher says “No” they would be denying that student their free exercise but, if the teacher were to say “Yes” it would be establishment of religion. Freedom of speech means someone might say something you disagree with. Freedom of Speech; you can say any political belief, protest without getting out of control, say things that some people think are true, burn
The Free Exercise Clause of the First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. Meaning, Congress cannot forbid or ban the exercises or beliefs of any religion. However, the government can in fact interfere with religions practices. This means that the government cannot prohibit the beliefs of any religion, but can intervene in certain practices.
The first Amendment of the United States Constitution says; “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.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
This is tied into the US Constitution because the first Amendment of the Bill of Rights was all about having religious freedom.This is how the first Amendments goes, “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 first Amendment is saying that the government can’t form a religion and it can’t prevent citizens from initiating a religion, this became known as the establishment clause. As a matter a fact this has been happening for a couple of weeks now, Donald Trump is going to try to ban Muslims if he becomes President. This is going against the US Constitution, that our founding fathers had established. All in all Voltaire had influenced the Constitution by wanting freedom of
According to Roger Rosenblatt “since free is the way people's minds were made to be”, freedom of speech is important to speak one's mind in a way that expresses his/her opinion even if this opinion does not seem to convince others. In my opinion, without freedom of speech, the United States would have failed to be such a powerful country as it is today.
1. In the First Amendment, the clause that states “Congress shall make no law respecting the establishment of religion” is based on the Establishment Clauses that is incorporated in the amendment. This clauses prohibits the government to establish a state religion and then enforce it on its citizens to believe it. Without this clause, the government can force participation in this chosen religion, and then punish anyone who does not obey to the faith chosen. This clause was in issue in a court case mentioned in Gaustad’s reading “Proclaim Liberty Throughout All the Land”. March v. Chambers was a court case that involved the establishment clause. Chambers was a member of the Nebraska state legislature who began each session with prayer by a chaplain who was being paid the state. The case stated that this violated the Establishment Clause of the First Amendment. However, the court stated that the establishment clause was not breached by the prayer, but was violated because of the fact that the chaplain was being paid from public funds.
Imagine a time when one could be fined, imprisoned and even killed for simply speaking one’s mind. Speech is the basic vehicle for communication of beliefs, thoughts and ideas. Without the right to speak one’s mind freely one would be forced to agree with everything society stated. With freedom of speech one’s own ideas can be expressed freely and the follower’s belief will be stronger. The words sound so simple, but without them the world would be a very different place.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." These opening words of the First Amendment of the Constitution set forth a guarantee of religious freedom in the United States. The Establishment clause was intended to accomplish this end by, in the words of Thomas Jefferson, creating a "wall of separation between Church and State." The First Amendment prevented the government from interfering in it's citizens religious lives. It did not, however, prevent the federal government from engaging in it's own.
“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.” (First Amendment Center, 2008)
Freedom of speech is the gift to speak one’s mind, challenge political figures, stand up for what you believe in, and most importantly never have a fear that the words you say can cost you your life.2 In the 1800s-1900s many inventions such as the television, radios, typewriter, and telephone were invented that have allowed ones speech to reach all of the United States within a turn of a switch.3
December 15, 1791 the First Amendment to the United States Constitution was ratified, guaranteeing that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech." At an absolute minimum, the Establishment Clause was intended to prohibit the federal government from declaring and financially supporting a national religion, such as existed in many other countries at the time of the nation's founding (University of Missouri-Kansas City, 2011). Prefacing the institution of the Establishment Clause, society was becoming increasingly concerned that the government was dictating to the people which type of religion they should favor. The tables turned back in forth either favoring Catholicism or Protestantism. Tax dollars were being used to support whatever was being called the state church. During the time that Pierce v. Society of Sisters was being heard, people were becoming increasingly tired of the punishment, imprisonment and increased taxation that was occurring for not conforming to the prevailing religion.
Freedom is having the right to own, act, think, and speak without any restrictions from the outside. Ever since the New World was discovered, people have been fighting for their independence till this day. People of other colors and race have been forced to do labor without their consent. Today, those same people have been blamed or accused of crimes that were not committed by them despite of being free. Freedom has different meanings and those meanings change overtime; however sometimes the significance of freedom does not change.
The Constitution of the United States was written to give citizens certain privileges and rights in the way of free thought and freedom. The Establishment Clause was one way that civilians were protecting religious liberty by the separation of church and state. Within our political and school systems there have been a number of controversial issues to include religious holidays, school prayer, teaching evolution and aid to church based schools. The Supreme Court has ruled in many cases in regards to these religious controversial issues.
Freedom is the power or right to act, speak, or think as one wants without hindrance or restraint. In America there is numerous of choices that someone may make on a daily basis. If someone were allowed to make their own choices and were being told what to do; then they would not be free. When someone is allowed to speak when they want to, and say what they want; such as their opinion or view of something. Being allowed to have a right to speak is one of the most important characteristics of being an American. Thinking and stating your opinion in any predicament it a strong part in being a citizen because people in the United States are known for being able to think in their own ways. Freedom can stretch too many things such as being able to do as they please, they are not forced into doing anything that someone may want. The citizens of the United States are not made to do anything that one may not want to do; like
“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 peaceably to assemble, and to petition the government for the redress of grievances” (United States Constitution).
Freedom of speech has many positive things, one of which is the help it gives on decision-making. Thanks to freedom of speech it is possible to express personal ideas without fear or restraints; therefore, all the perspectives and options will be on the table, giving people more opportunities to choose from. Nevertheless, everything in life has a limit, and the limit of freedom of speech depends directly on the consideration of the rights of others. People is free of believing what they want, thinking what they want, and even saying what they want, everything as long as they do not intrude or violate anyone else's rights. Under certain circumstances freedom of speech should be limited, and this is more than just a political action, this acts represent the urge for tolerance and the need for respect.