The Amendment Of Freedom Of Speech Essay

The Amendment Of Freedom Of Speech Essay

Length: 1019 words (2.9 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

The 1st Amendment
Freedom of speech is probably the most controversial amendment that there is within the Bill of Rights. “The first amendment of is freedom of religion, press, and expression, which 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 (Mount, S. 2010).” The first amendment gives the citizens of the U.S. the right to communicate one’s opinions and ideas with fear of government retaliation or censorship. The right to freedom of expression is recognized as a basic human right under article 19 of the Universal Declaration of Human Rights. The consequences for violations of the first amendment are arrests, surveillance, and having to go to free speech zones in order to have freedom of speech.
Some of the famous cases of freedom of speech are as follows: In Texas vs. Johnson, in front of Dallas City Hall, Gregory Johnson was burning a US flag in protest of the Reagan administration’s policies. Johnson was then sentenced to one year of jail time and had to pay a $2,000 fine. The case was appealed and the decision was reversed by the Texas Court of Appeals. The case then went to the most supreme court of the land the Supreme Court, who in a 5 to 4 decision, stated that Johnson’s flag burning protest was protected by First Amendment. The court stated that his actions fell under the category of expressive conduct, the fact that an audience took offense to Johnson’s actions does not justify prohibitions of speech (Chicago Kent College of Law, n.d).
West Virginia Board of Education...


... middle of paper ...


... against the use of contraceptives violated the Section 1 of the Fourteenth Amendment to the US Constitution, which provides that “no state shall make or enforce any law which shall abridge the privileges of immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property, without due process of law… nor deny any person the equal protection of the laws ((Legal Dictionary, 2012).” “The Supreme Court of the United States then, ruled that the Connecticut law was unconstitutional, and violated the “right to martial privacy”, in a 7-2 decision, which pointed out that although the Bill of Rights does not specifically mention “privacy,” it is inherent and implied in other protections that are provided in the US Constitution to the citizens of the US against governmental intrusion into their day to day lives (Legal Dictionary, 2012).”

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Should The First Amendment Violates Freedom Of Speech?

- ... Several court cases such as R.A.V v. the City of St. Paul, which ruled in favor of a man who set a cross on fire on his neighbor’s lawn because the Amendment is “impermissibly content based” and “overbroad”, and Offensive speech seems to be an ever growing phenomenon on college campuses, thanks to the rising popularity of social media. Some may blame it on this generation becoming more “politically correct”, but that simply isn’t true. Students have the right to go to school in an environment that they feel comfortable in and does not allow discrimination based on race, gender, sexual orientation, or other identifying factors according to the Equal Protection Act under the Fourteenth A...   [tags: Freedom of speech]

Better Essays
867 words (2.5 pages)

The First Amendment Guarantees Freedom Of Speech

- Two ideas that were similar and that were shared by the sources are that the first amendment guarantees freedom of speech. Source #3 and source #4 explain how they would harm innocent people and would accomplish nothing positive. Source #3 proves that it is good for us to have freedom to say what we want but that there should also be limits to what we have the right to say. Source #3 states, “ The First Amendment to the United States Bill of Rights guarantees freedom of speech. But what if a person were to shout “Fire!” in a crowded movie theater when there was no fire at all ....   [tags: First Amendment to the United States Constitution]

Better Essays
1499 words (4.3 pages)

The First Amendment Guarantees The Freedom Of Speech

- The First Amendment guarantees the Freedom of Speech, which means Americans have the right to say anything on their minds. A perfect example is Donald Trump exercises his rights by preaching that Arabs should be sent back to their “homes”. Even though, many people are against what Trump is preaching, one simply cannot tell him to “shut up,” and lock him away in prison because of disgust with his suggestions. Americans can, however, rally, protest, tweet, etcetera about disapproval. The first amendment gives the right to publish, petition, and peacefully assemble....   [tags: Censorship, Obscenity, Pornography]

Better Essays
1288 words (3.7 pages)

Oliver Wendell Holmes and Free Speech

- Close analysis of Oliver Wendell Holmes’ approach to the 1st Amendment freedoms of speech and press reveals a changing conclusion. The amendment that Holmes is associated with reads as such, “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.” Some people, however, see protected speech as something else....   [tags: 1st amendment, freedom of speech]

Better Essays
3101 words (8.9 pages)

The First Amendment Violates The Freedom Of Speech Or The Press

- The First Amendment guarantees that congress shall make no law abridging the freedom of speech or of the press. U.S. CONST. amend. I. The courts have heeded the First Amendment’s underlying values in order to determine whether or not recording police officers is a freedom of the press and have answered in the affirmative; they have firmly established that the First Amendment extends further and encompasses a range of conduct related to receiving information and ideas. Glik v. Cunniffe, 655 F.3d 78, 82 (1st Cir....   [tags: Supreme Court of the United States]

Better Essays
1908 words (5.5 pages)

Freedom of Speech: The First Amendment

- When the Constitution of the United States was ratified it mainly addressed the structure of the government with very few liberties for the individual. However, the states demanded a bill of rights that addressed the rights of the individuals as well. As a result, the Constitution began to adapt and change by adding amendments. Today the Bill of Rights still continues to change based on the will of the people and the judgment of the U.S. Supreme Court however, the core principles that our country was founded on has remained the same....   [tags: bill of rights, censorship]

Better Essays
1635 words (4.7 pages)

The First Amendment Violates Our Freedom Of Speech

- ... Although I agree with many things stated in the articles, it is clear the articles are biased. The author of the article concerning President Bush portrayed small amounts of positive feedback; whereas, the article describing President Obama, offers little negative feedback. President Barack Obama 's parents met in an elementary Russian Language class. Barry 's father was not part of his life, and his mother was a traveling anthropologist. Subsequently, he traveled to Hawaii and Indonesia. As a result of the absence of Obamas mother, Mr....   [tags: George W. Bush, Barack Obama]

Better Essays
716 words (2 pages)

The Constitutionality of Separation of Church and State, Freedom of Speech, and the First Amendment in Times of War

- The United States Constitution was originally drafted in 1787 and this did not contain the Bill of Rights. The Bill of Rights was ratified December 15, 1791 (McClenaghan 71). At that time, George Mason and others argued that it should not be included (Bender 27). James Madison believed that adding a bill of rights could give the government powers to take away people’s private rights (Madison 44). He stated that wherever power gives people the right to do something wrong, wrong doings will be done (Madison 44)....   [tags: U.S. Government ]

Better Essays
1462 words (4.2 pages)

Essay about Analysis of The case of the Pledge of Allegiance

- The primary goal of this essay is to examine whether the first amendment goes too far in protecting free speech, like the case of the Pledge of Allegiance. Therefore, to establish this argument, this essay will first consider the speech overview, as well as the limitations. Subsequently, the essay would also put into consideration the aspects of Freedom in the Classroom. Basing my work on the “first amendment does not go too far in protecting free speech in the case of the Pledge of Allegiance” as the claim; my essay would revolve around the components of both the Speech Overview, as well as the Freedom in the Classroom....   [tags: first amendment, free speech, freedom]

Better Essays
960 words (2.7 pages)

Should The First Amendment Stop Protecting Hate Speech?

- This Title is Censored Should the First Amendment stop protecting hate speech. In Derek Bok’s “Protecting Freedom of Expression on the Campus”, he argues that hate speech should be protected as censorship would be against the First Amendment. He declares “One reason why the power of censorship is so dangerous is that it is extremely difficult to decide when a particular communications is offensive enough to warrant prohibition or to weigh the degree is offensiveness against the potential value of communication.......   [tags: Freedom of speech, Censorship]

Better Essays
815 words (2.3 pages)