14 October 2014
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” (FindLaw). While studying the First Amendment to the U.S. Constitution, it is crucial to understand the history behind writing the law.
History of the First Amendment
The First Amendment has a long history. Even before a democracy is developed, people recognize that they should have rights of speech. In 1215, the idea of equal rights is put into words when the Magna Carta is written, forcing King John of England to recognize rights for both noblemen and regular Englishmen. The document also “establishes the principle that no one, including the king or lawmaker, is above the law” (First Amendment Center). Four hundred years later, in 1628, the Petition of Right outlines many of the ideals that later lead to the American Revolution. The Massachusetts Body of Liberties, written in 1641, includes the right to petition and a statement about due process. Religious freedom is granted to Rhode Island in the Charter of Rhode Island in 1663, and in 1708, Anglicans and Baptists of Connecticut are allowed “full liberty of worship.” When a New York publisher criticizes the Royal Governor of New York, and is acquitted in 1735, the “principles that truth is a defense to libel and that a jury may determine whether a publication is defamatory or seditious” are established. Keep in mind; all of these ideas are pre-revolutionary. Nearing the American Revolution, 50 Baptists are jail...
... middle of paper ...
...e Amendment and protect intellectual and spiritual rights. It would include the rights to speech, religion, press, assembly, and petition as before, but it would also contain the right to know: The right to share information that has been willingly shared. In today’s society, information is becoming ever more important. Our world is evolving and it is important that our citizens understand how they are protected. The first amendment covers more than most realize, and it is important to recognize and protect our rights.
FindLaw. First Amendment - U.S. Constitution. 2014. Web. 13 October 2014.
First Amendment Center. First Amendment Timeline. 2014. Web. 13 October 2014.
Illinois First Amendment Center. The First Amendment in History. 2014. Web. 13 October 2014.
McBride, Alex. Landmark Cases: Schenk v. U.S. (1919). December 2006. Web. 13 October 2014.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Briana Muirhead Professor Phillips Government 2305 14 October 2014 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” (FindLaw). While studying the First Amendment to the U.S. Constitution, it is crucial to understand the history behind writing the law. History of the First Amendment The First Amendment has a long history.... [tags: United States Constitution]
1260 words (3.6 pages)
- ... Section 6. Blasphemy is a constitutional right and absolute freedom of speech which cannot be prevented, restricted, limited, impeded, regulated, compromised or have conditions placed upon it by The Government. Section 7. The National Motto, all currency, and the Pledge of Allegiance of the United States of America, cannot contain any religious, theistic or deistic language or terminology and must be removed within one year after the date of ratification of this Amendment. Section 8. Religious, theistic and deistic: language, terminology, displays, and symbols, will be removed from ALL public properties, including schools and legal settings; excluding cemeteries and graveyards.... [tags: United States Constitution, United States]
756 words (2.2 pages)
- The United States Constitution was signed on September 17th, 1787. It did not include a bill of rights and it did not include their freedoms. And so, on September 25, 1789 Congress passed the first ten amendments, which were later ratified on December 15, 1791. The Bill of Rights was created by the Founding Fathers with the intent of restricting the powers of the new national government. The Bill of Rights, however, consists of 10 amendments. The first of the amendments was written because the people at America’s establishment wanted their basic freedoms guaranteed.... [tags: amendments, bill of rights, citizen freedom]
1064 words (3 pages)
- 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).... [tags: American History]
2214 words (6.3 pages)
- First Amendment Rights in Schools Students’ rights in schools are limited or just taken away. Kids are forced to do whatever the officials at their school, either the principal or the teachers, tell the students to do. One of the main right that gets taken away or limited is students’ first amendment rights, which is the freedom of expression. Students can gets suspended by just doing things the staff at the school does not like, including saying things that they don 't like or supporting a religion that the school does not support.... [tags: First Amendment to the United States Constitution]
1139 words (3.3 pages)
- ... District Judge Ronald M. Whyte wrote in his preliminary decision, “The plaintiffs have shown at least that serious questions are raised concerning the States ' ability to restrict minors ' First Amendment rights in connection with exposure to violent video games, including the question of whether there is a causal connection between access to such games and psychological or other harm to children.” Whyte eventually ruled for the plaintiffs and held that the law went against their first amendment right and there was not enough proof that violent video games alter children’s behavior.... [tags: First Amendment to the United States Constitution]
2637 words (7.5 pages)
- 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]
1499 words (4.3 pages)
- ... The type of material that can pass the honorable Burger’s test are items that should have been censored before the rules went into effect, however with its implementation it prevents material that was being harmed by broad laws before the court’s decision. Civil liberties can be defined as “freedoms so fundamental that they are outside the authority of government to regulate.” (Geer 134) They were written into the constitution in 1791 as the bill of rights and include freedoms of expression and criminal procedures for the accused (Geer 134).... [tags: First Amendment to the United States Constitution]
1051 words (3 pages)
- Introduction Since the first freedom of speech case was brought to the Supreme Court in 1919, the debate over whether it is an absolute or qualified right has persisted. As the Court attempts to capture the meaning of the First Amendment and its free speech clause, they create many tests and qualifications for the protection of the First Amendment. Many of the discussions revolving around free speech exceptions concern, at least in part, hateful and offensive speech. The paradox that plagues this argument is that speech cannot be qualified without encroaching on some rights, yet speech cannot be absolute without threatening the peace that rights are intended to protect.... [tags: First Amendment to the United States Constitution]
1556 words (4.4 pages)
- ARGUMENT I. THE LOWER COURTS CORRECTLY HELD THAT THE OFFICERS APPROPRIATELY RESTRICTED PETITIONER’S UNLAWFUL RECORDING BECASUE IT VIOLATED FIRST AMENDMENT REASONABLE TIME, PLACE, AND MANNER RESTRICTIONS. A. The First Amendment is not absolute; it is subject to reasonable time, place, and manner restrictions Sergeant Cagney’s restriction on Petitioner’s recording was appropriate because the First Amendment does not allow an unrestricted right to gather any and all information. See Zemel v. Rusk, 381 U.S.... [tags: First Amendment to the United States Constitution]
1096 words (3.1 pages)