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argument of the first amendment
argument of the first amendment
how important is the first amendment
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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. 2011). The Supreme Court has observed that the First Amendment protects the right to gather news from any source by means within the law. See id.at 82.
The right to gather news from a source is not limited to news media personnel. The
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In Glik, the Eleventh Circuit court held that the First Amendment protects the filming of public officials performing their duties in public places. Additionally, Glik recognized that the First Amendment protects the right to gather information that it is of public interest regarding the behavior of police officers. See Smith v. City of Cumming, 212 F.3d 1332, 1333 (11th Cir. 2000) (finding that “[t]he First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matter of public interest” (emphasis added)); Fordyce v. City of Seattle, 55 F.3d 436, 439 (9th Cir. 1995) (recognizing a First Amendment right to film matters of public …show more content…
Rivera, 445 Mass. 119, 833 N.E.2d 1113 (2005). In Rivera, a convenience store’s surveillance camera recorded a violent robbery. The victim refused to open the register despite several demands by two masked robbers. The robbers then left the store and the victim pursued them. One of the robbers then shot the victim and fled the scene. Id. at 1116. Similar to Rivera, Dr. Knowles’s camera was installed by a private party for security purpose, but the court held that the convenience store’s recording was not secretive because the surveillance camera was in plain view, where a person is likely to know they are being recorded. Id. Relying on this decision, the police department may distinguish their case by arguing that even if cameras are installed for security purposes, they are a violation of privacy if not apparent to the public. See also Commonwealth v. Jackson, 370 Mass. 502, 349 N.E.2d 227, 339 (1976) (“It is clear that the Legislature intended that the statutory restrictions be applicable…to the secret use of such devices”). The police may argue that the state-of-the-art eye equipment was not detectable. Since it is a webcam from a private investigation firm, it is meant to be undetected by the naked
The Tenth Amendment was added to the Constitution of 1787 by James Madison due to the problem with its predecessor, the Articles of Confederation. In Article 2 in the Articles of Confederation it states, “Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.” With states having too much sovereignty this caused an issue. Madison was a Federalist and believed that the federal government should have some control over states, therefore, he proposed the 10th Amendment. By the constitution getting rid of state sovereignty it meant Anti-Federalists fearing the possibility of a federal government with unlimited power. However, the states were able to compromise and ratify the Constitution under the agreement that powers not stated on it are reserved to the states or to the people. The 10th Amendment overall gives clarification that federal power is limited and that states or the have control on the issues not stated on the constitution. However, not everyone agreed to the 10th amendment. It was seen as
In the Supreme Court case of the New York Times Co. vs. United States there is a power struggle. This struggle includes the entities of the individual freedoms against the interests of federal government. It is well known that the first amendment protects the freedom of speech, but to what extent does this freedom exist. There have been instances in which speech has been limited; Schenck vs. United States(1919) was the landmark case which instituted such limitations due to circumstances of “clear and present danger”. Many have noted that the press serves as an overseer which both apprehends and guides national agenda. However, if the federal government possessed the ability to censor the press would the government restrain itself? In the case of the Pentagon Papers the necessities of individual freedoms supersedes the scope of the national government.
The Tenth Amendment was ratified along with the rest of the Bill of Rights on December 17th, 1791, as well, unlike most other amendments, it gave rights not only to the people, but also to the state governments. The Tenth Amendment was passed in order to delegate powers to the state governments and the people that the national government does not have, this amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment is the 8th bill of rights in the constitution of the United States of America. The death penalty is a direct violation of the constitution of the United States, and should be deemed unlawful by the Supreme Court. Although the death penalty shows justice at avenging the death of the innocent, it is not cost effective by being ten times more expensive than a criminal spending life in prison, and it violates the 8th amendment in the Constitution of the United States which is the supreme law of the land.
One of the sources used to disprove that body camera isn’t the answer includes Jamelle Bouie article, Keeping the Police honest. Mr. Bouie is the chief political correspondent at Slate who graduated from the University of Virginia with a political and social thought degree (Tumblr.com). His work consists of issues relating to national politics, public policies and racial inequality. His work has also been published in Slate online magazine, the New Yorker, the Washington Post and TIME Magazine (Tumblr.com). Slate is an online magazine that post about the news, politics, business, technology and culture (slate.com). In Jamelle article, Keeping the Police honest he talks about incidents where police officers were being recorded and took excessive
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.
“… if not for bystander Feidin Santana’s video casting doubt on office Michael Slagers version of events, he may not have quickly been charged with murder…” Imagine if this man would have been set free only to think getting away with murder is easy. Seeming that a person is an employee of the law, jurors’ do not expect them to lie. All they need to say is that they felt in danger or claim they were put in a tough situation. “when the cop story first came out, he said he was in a tussle,” said Virgil Delestine…”but the video told what really happened.” With body cameras at the scene this will help increase honesty in policemen because they know they are being recorded. In addition, I feel it would be very effective in building community trust if the police force would broadcast the tapes. By keeping everyone up to date, this will encourage people that law enforcements are not being sneaky and are putting reinforcement in place cops who do wrong.
“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)
Should police officers be mandated to wear body cameras? That is a question that has grown to be widely discussed in media, politics, and public. The death of Michael Brown due to a fatal shooting by a law enforcement officer inflamed the idea that police officers should wear body cameras (Griggs, Brandon). The opposing sides of such controversial questions both provide a strong reasonable argument that support each side. However, despite the critiques against body cameras, I believe the evidence that support the usage of body cameras to be overwhelmingly positive and the intention is of pure deeds. Police officers should be required to wear body cameras; because it will build a trust between law enforcement and the community, it will decrease
What is the First Amendment? According to the “Webster-dictionary” The First Amendment is “an amendment to the Constitution of the United States guaranteeing the right of free expression; includes freedom of assembly and freedom of the press and freedom of religion and freedom of speech.” Since the First Amendment was written by our founding fathers and is part of the constitution it should not be violated. This amendment secures the freedom of individuals to express their thoughts freely. In the essays “First Amendment Junkie” by Susan Jacoby and “Let’s Put Pornography back in the closet” by Susan Brownmiller both authors write about the First Amendment. By implementing ethos and pathos in their writing both authors write about pornography
The Benefits of the Second Amendment In a tragic event such as a mass shooting, a large population of Americans are quick to draw the conclusion that the right to own a gun is harmful to society; however, the second amendment is what allows the American people to protect themselves from such shooting instances. The privilege of owning a concealed firearm is beneficial to the American population when well-regulated for reasons such as self-defense and expressing freedoms which U.S. citizens are privileged enough to receive through the Second Amendment given they pass a background check. The second amendment is what makes the privilege of owning a gun legal. This thesis paper will highlight the benefits of the right to own a gun under the Second Amendment, as well as look at why gun control activists think differently about this highly controversial topic of gun control. As stated by the second amendment, “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed” (Cornell University Law School Legal Information Institute, Second Amendment).
Everyone is entitled to privacy when it comes to law enforcement. To make the public, and the officers protecting them, feel protected, the implementation of new technology in the police force has occurred. Sometimes, this equipment backfires and ends up doing more harm than the good that it promised. When this occurs, a revaluation of what is going on should happen to make sure improvements are made. As shown by the recent privacy violations to the Round Lake Police Department regarding body-worn-cameras, officers need to become more familiar with the technology they are using and stricter policies about their use are necessary to ensure the equipment is working properly.
”The Right of Privacy Is Destroyed by Video Cameras in Public Places." Who's Watching? New
Not only providing protection for officers, the body cameras equally provide protection for citizens. Like previously stated, there are constantly eyes on every move the officer makes. If the citizen feels the officer wronged them, the citizen can make a complaint and an investigating officer will follow through with the video evidence. At that point disciplinary action may be applied to the
The first amendment grants the freedom of the press, speech, and religion. The first amendment also grants that the media is immune from