The articles "Freedom of Speech: Missouri Knights of the Ku Klux Klan v. Kansas City" and "Freedom of Religion: Lyng v. Northwest Indian Cemetery Protective Association" both engage in conflicts pertaining to the First Amendment in the Bill of Rights.
"Freedom of Speech: Missouri Knights of the Ku Klux Klan v. Kansas City" is an article about the KKK's attempt to spread their beliefs through a public access cable television channel. Dennis Mahon and Allan Moran, both of the KKK, asked to be broadcasted on air in 1987, and the whole situation led to a major problem. The KKK is known for its killings, prejudice, and cross burnings, and they wanted to be shown on television to further spread their message. The First Amendment states the right to the freedom of speech, but many of the community members had a problem with the whole situation. People with race relations, local leaders, and members of the cable company did not want to grant the KKK the right to appear on air. Black ministers and important politicians were not happy with the KKK's request to voice their opinions. The KKK complied with all of the rules that were presented by the cable company, even when they were told to create a locally produced show and receive training in video production. They happily obeyed the regulations and didn't cause additional problems to what they were soon to face. The cable company studio was located in a neighborhood that was 95% black, and violence was a major concern for the cable company. Many of those people threatened to drop their cable subscriptions if the K...
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"Freedom of Religion: Lyng v. Northwest Indian Cemetery Protective Association" provided a great example dealing with the freedom of religion. The Indians had been living on that land for hundreds of years, yet were denied their attempts to declare the area as a sacred area to prevent building on the lands. In the end it was a bittersweet victory for the Indians because the G-O Road was ordered to remain uncompleted because of the environment and not because it was a sacred territory for Indians. I believe that the Indians should have won the case in the Supreme Court because they were protected by the First Amendment. The case shouldn't have lasted as long as it did.
This example of a Supreme Court case shows that the court is not above politics. Even though most Americans, including government officials, practiced some form of Christianity, the judges were not willing to compromise the information in the Constitution for the popular beliefs of individuals. I agree with the Supreme Court in its decision to ban the practice of prayer in public schools. Not only does it violate the Constitution, but it encroaches on our freedom of thought and action. Being excluded from a public classroom because of personal beliefs does not sound just.
They specifically said, “"we are committed to giving all people a voice"; second, that, given this commitment, "we print the opinions of others with whom we do not agree"; third, that to do otherwise would involve the newspaper in the dangerous acts of "silencing" and "self-censorship"; and, fourth, that "what is hate speech to one member of a society is free speech to another."” Fish said that their four claims were wrong. It goes to show that the newspaper editors are not being responsible and have a bad sense judgment. They need to start having self-censorship and need to stop being biased on the articles they choose to put up in their newspapers. It is clear that they are being biased otherwise they would give the KKK, advocates of slavery, and other groups “the voice” as Fish
Is the upholding of the American flag as a symbol of the United States more important than the freedom of speech provided by the First Amendment? Are there certain freedoms of expression that are not protected under the First Amendment and if so what qualifies as freedom of speech and expression and what does not? The Supreme Court case of Texas v. Johnson proves that the First Amendment and the freedom of speech are not limited to that of spoken and written word, but also extended to symbolic speech as well. Texas v. Johnson is a case in which the interpretation of the First Amendment rights is at the top of the argument. This case discusses the issue of flag burning as a desecration of national unity and that the flag of the United States should be protected under a law.
There are two freedoms that seem to cause the most contention, the first being freedom of press and the second being the freedom of religion.
Constitutional amendments from freedom of speech to flag burning.. 2nd ed. Detroit, Mich.: UXL, 2008. Print.
Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults who were acting in privacy.
How the judicial branch rules in cases relating to the 1st and how they relate that to all the rights of public school students. This includes anything from flag burning to not saluting the flag to practicing religion in school. The main point of this paper is to focus on the fact that schools have a greater ability to restrict speech than government.
There have been many cases where exceptions have been made over the first amendment, such as in the Tinker vs. Des Moines Community School District Case. Teenagers by the name of Christopher Eckhardt and Mary Beth Tinker had planned to wear black armbands to their school to show their support for a truce in the Vietnam War. When word reached the principle, of Christopher and Mary Beth’s plan to arrive with the black armbands, the principal created a policy stating that, “any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension.” (The Oyez Project). After being kicked out of school, Tinker’s parents sued them but their case was dismissed due to the fact that the first amendment does not grant one the right to express their opinion at any place nor at any time. Another official claimed that the first amendment is not fully guaranteed to children. While the first amendment may be a boon to the United States, it is not always just. There are limitations, and conditions surrounding the first amendment and our freedom of speech. In Tinker’s case, her armband was seen as disruptive, and distracting to other students, justifying the school’s actions against the student of suspending and eventually expelling
The Ku Klux Klan is classified as a hate group who in their three summits in history forced blacks and other ethnic groups to live in fear that they did not deserve.
Throughout history, America has faced disagreements that led to various complications, one of them being religious freedom. Americans claimed to have always supported religious freedom and that the First Amendment backed that up. However, according to David Sehat, this was only a myth. The myth he argued that there was a moral establishment that constrained religious liberty, therefore American religious freedom was only a myth. Sehat overstated this claim because there have been many historic measures that have shown American religious liberty, such as the Second Great Awakening, the emergence of new religious movements, and religious liberty court cases.
Declared in the U.S. Constitution every American or should it be person, is guaranteed civil rights. Civil rights did not just consist of “freedom of speech and assembly,” but as well as “the right to vote, the right to equal protection under the law, and procedural guarantees in criminal and civil rights,” (Dawood). It was not until 1791, that the Bill of Rights was appended to the constitution, which helped clarify these rights to citizens. “Rights were eventually applied against actions of the state governments in a series of cases decide by the Supreme Court,” Dawood stated. In previous years (1790-1803), the Supreme Court had little say in decisions being made by government. As time went on the Supreme Court took on more responsibility and started making additional decisions, which in time helped minorities gain their civil rights. It took a couple of years, as a matter of fact till the 1900’s for the Supreme Court to get out of the “ideology of white supremacy and the practice of racism,” (Smith). Though the decisions of the Supreme Court were not all that appreciated in the beginning, following the 20th century the court really facilitated in the advancements of civil rights.
What is freedom of religion? Today people speak freely about their own views over specific topics regarding what they believe and what they think is the truth. Along with everything in life, there are limits and laws that the government of the United States have established. Freedom of religion originated is taught in schools that the Pilgrims traveled to America because they were trying to find freedom, unlike in England where they were not allowed to live out their own beliefs. The Puritans came to America shortly after as well as many others have done and continue to do from all over the globe. However, colonies were being established before they started ...
The Ku Klux Klan Act was passed in 1871, which allowed the congress to arrest or prosecute any acts of violence that were held by the Ku Klux Klan or any form of terrorism against any individual. The Ku Klux Klan was declared unconstitutional in 1882 by the United States Supreme Court. Unfortunately, Ulysses S. Grant did not enforce the law due to many factors such as finances and it being difficult to prosecute a...
From the time RFRA was enacted in late 1993 until May 1995, there have been over 87 court cases that have made reference to it. Although some courts have found a sufficiently compelling governmental interest to warrant restriction of religious freedom, many courts have supported the free exercise of rights -- some courts have found that the governmental interest was insufficient to warrant the burden on religion; others found that the government had not used the least restrictive means of achieving that interest. RFRA Summary, Map of the RFRA. The Religious Freedoms Restoration Act is the most significant legislation effecting religion in the history of the republic because it provides strong protection for religious liberty for all Americans, conservatives and liberals alike."(Questions and Answers, Map of the RFRA) This Act also affects many people.
The Ku Klux Klan has existed since the mid nineteenth century. The Klan has had periods membership numbered in the millions, whereas nowadays they do not have as much influence as in the past.What has ceased to change is the media depicting the Ku Klux Klan as a hateful group of bigots wanting to solely wipe out any non-white race. However, the media has not only surfaced many misconception but they fail to realize that the Klan is actually within US Constitutional rights. Because the Bill of Rights guarantees American citizens the freedom of speech and to peacefully assemble, the Ku Klux Klan has the right to continue their practices. With that being said, excluding some violent outburst conducted by Klan subgroups, no one has the right to stop the KKK from protesting, speaking their beliefs, or celebrating their heritage.