America has been built on freedom throughout the years. Freedom to speak, freedom to choose, freedom to worship, and freedom to do just about anything you want within that of the law. America’s law has been designed to protect and preserve these freedoms. The First Amendment guarantees freedom of religion, speech, press, assembly, and petition. It assures citizens that the federal government shall not restrict freedom of worship. It specifically prohibits Congress from establishing an official, government supported church. Under The First Amendment, the federal government cannot require citizens to pay taxes to support a certain church, nor can people be prohibited from worshipping in any way they see fit. However, if a certain religion recommends a practice that is contrary to public morals, such as polygamy, Congress may prohibit such a practice (Weidner, Daniel, 2002). The people of the United States also have the right to assemble peaceably under the First Amendment. The only restriction comes from the word peaceably. Assembly may not be prevented, as long as the proper authorities have reasonable assurance that the meeting will be peaceful (Weidner, Daniel, 2002). Since the early history of our country, the protection of basic freedoms has been very important to Americans. The American voice on freedom has been shaped throughout history. The Bill of Rights was originally drawn up in June, 1789. On December 15th, 1791, the Bill of Rights were ratified and added to the United States Constitution. James Madison said that a bill of rights was good for the “tranquility of the public mind, and the stability of the government” (Burgar, Michael, 2002). Free speech and free press were most important to the drafters of the Bill of Ri... ... middle of paper ... ...ves would be completely different in many different ways. Works Cited Miami Herald Publishing Company v. Tornillo (1974). (n.d.). Infoplease: Encyclopedia, Almanac, Atlas, Biographies, Dictionary, Thesaurus. Free online reference, research & homework help. — Infoplease.com. Retrieved April 20, 2011, from http://www.infoplease.com/us/supreme-court/cases/ar22.html First Amendment Theories. (n.d.). Theories. Retrieved April 20, 2011, from http://oak.cats.ohiou.edu/~rr194602/Media%20Law/Theories.html Weidner, D. W. (2002). Creating the Constitution: the people and events that formed the nation. Berkeley Heights, NJ: Enslow. Burgan, M. (2002). The Bill of Rights . Minneapolis, Minn.: Compass Point Books. Notable First Amendment court cases. (n.d.). American Library Association. Retrieved April 20, 2011, from www.ala.org/ala/aboutala/offices/
In America the Amendment 1 of the U.S. Constitution gives the American people the right to peaceably assemble and to petition the Government for a redress of grievances. Most notably Amendment 1 is known for and most often cited as giving the Freedom of Speech. Even before this amendment was ratified people in the U.S. were protesting, as in the Boston Tea Party. Protesting has been a way to effect change in America. A question to ask is this: is there a right way or wrong way to protest.
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.
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
Over the years the Bill of Rights has become an important core of American values. The
What does freedom really mean? Many people today are aware that they have a right to freedom, but do not know what that really means. Religion, speech, press, assembly and petition are the five freedoms that the First Amendment specifically speaks about. Let’s take a look at the definition of each of the five freedoms, what the government says about our freedom, how it is acted out and portrayed in America, and a few case studies involving the different aspects of the First Amendment.
The fundamental purpose of the first amendment was to guarantee the maintenance of an effective system of free speech and expression. This calls for an examination of the various elements which are necessary to support such a system in a modem democratic society. Some of these elements found early articulation in the classic theory of free expression, as it developed over the course of centuries; others are the outgrowth of contemporary conditions. More specifically, it is necessary to analyze what it is that the first amendment attempts to maintain: the function of freedom of expression in a democratic society; what the practical difficulties are in maintaining such a system: the dynamic forces at work in any governmental attempt to restrict or regulate expression; and the role of law and legal institutions in developing and supporting freedom of expression. These three elements are the basic components of any comprehensive theory of the first amendment viewed as a guarantee of a system of free expression.
The First Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government. Thanks to the rights granted by the First Amendment, Americans are able to live in a country where they can freely express themselves, speak their mind, pray without interference, protest in peace and where their opinions are taken into consideration, which is something not many other nationalities have the fortune of saying. The Founding Fathers were the framers of the Constitution of the U.S., and the responsible for the elaboration of the First Amendment. The majority of the Founding Fathers were enlightenment thinkers who were in love with liberty, and thought that basic political rights were inevitable for man’s nature. After having experienced the tyranny from their mother countries, the Founding Fathers carefully constructed the Constitution of the United States in a way where tyranny was avoided and a government for the people, by the people and of the people was developed, which is clearly reflected in the Constitution. At the time of inception of the United States, the Founding Fathers created the First Amendment in order to ensure that the government would not interfere with Americans’ basic civil rights. The rights outlined on the First Amendment were considered so important by these leaders that many states refused to ratify the Constitution of the United Sates until there was a conjecture of amendments that would protect individual rights in the future.
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library -. Gale Virtual Reference Library, n.d. Web.
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.
The 1st Amendment forbids Congress from enacting laws that would regulate speech or press before publication or punish after publication. At various times many states passed laws in contradiction to the freedoms guaranteed in the 1st Amendment. However broadcast has always been considered a special exemption to free speech laws for two reasons. 1) the most important reasons is the scarcity of spectrum and the 2) is the persuasiveness of the medium. Because radio and TV come into the house, and may be heard or seen by unsupervised children, the government feels a special responsibility to protect the American people. As Herbert Hoover said to, "doublegaurd them."
Every single American Citizen has their own rights and privileges, dating back to 1787 when the U.S. constitution was born. This was the first legal document stating citizen rights. Four years later, in 1791, the First Amendment was passed, stating several American citizen rights including Freedom of Speech, Freedom of the Press, Freedom of Religion, Freedom of Expression, the right to petition, and the right to assemble. Over the years to present day, these rights have been shifted to meet current standards. Although they are meant to benefit citizens, some of these freedoms bring up controversy. For example, many people consistently debate whether Freedom of the Press should be limited to protect National security.
Hickok, Eugene W., ed. The Bill of Rights: Original Meaning and Current Understanding. Charlottesville: UP of Virginia, 1991.
The 1st Amendment application is extremely important in these situations in that it allows the government to stop and halt speech that could be extremely detrimental to the security of the United States or its people, which, in today’s world, could prove vital very soon.
Shelley, Mack C., Steffen W. Schmidt, and Barbara A. Bardes. "The Constitution." American Government and Politics Today: Essentials, 2013-2014. Belmont, CA: Wadsworth, 2013. 74.
The Bill of Rights has gained existence since December 15, 1791. Being supported mainly by anti-federalists, the Bill of Rights upheld what was needed to protect individual liberty. From the ratification we have our first ten amendments. The most important and used today is the first amendment. The amendment states “Congress shall make no law respecting… petition the government for a redress of grievances.” This amendment is very powerful but cannot be overly abused. Over time the freedom of speech has been constricted. There are many court cases that display the limitation of free speech. Environmental factors and certain materials are not covered in free speech. To understand our rights and know how and when our rights are limited, we must