September 16, 2012
The word “privacy” is not mentioned in the Constitution, although the Constitution does strongly imply the right to privacy. The right to privacy is evident in the first 10 amendments. The First Amendment protects the right to private individual worship regarding religion. Freedom of speech and freedom of press are also protected in the First Amendment. There have been many cases regarding the First Amendment. Freedom of Religion
In Saratoga Springs, N.Y. a kindergarten girl named, Kayla Broadus held two of her classmate’s hands and recited a prayer.”God is good; God is great, thank you, God, for my food.” A teacher reprimanded Kayla, and she was sent to the principal, who sent a letter home to Kayla’s parents informing them that she could not pray in school, aloud, or with others. The school was proud of their accomplishment and issued a press release. Kayla’s mother brought a lawsuit against the school and won. Kayla was allowed to pray aloud but still could not hold hands with others while praying (Free to Pray, free2pray.info).
Today, the schools observe a moment of silence, where students can pray. Prayer and the talk of religion may be in the schools as long as it is brought on from the students not the staff.
In Murray v. Curlett, also known as “School Prayer” – 1963, Madalyn Murray O’Hair, an atheist, filed a suit against a Baltimore school board for allowing prayer in school. The local court as well as the Maryland Court of Appeals ruled to dismiss the petition because “neither the first nor the Fourteenth Amendment was intended to stifle all rapport between religion and government.” The case was brought before the United States Supreme Court where the previous rulings were overturned and schools were forced to remove both prayers and bible readings. Atheism is recognized by the government as a religion. Justice Tom Clark wrote about the government needing to stay neutral. Yet by the Supreme Court ruling in favor of Madalyn O’Hair, an Atheist, they showed favoritism 3
in regards to one religion and failed to stay neutral. Still to this day prayers and bible readings are not allowed in public schools (Exploring Constitutional Conflicts). Freedom of Press
In 1987, a group of students filed a lawsuit against their school, Hazelwood East High School. They were suing the school because the school would not allow them to print two articles in the school newspaper. The school principal found the two articles to be inappropriate for school. One article was about three pregnant students and their experiences. The principal claimed the article was inappropriate because of the references to sexual activity and birth control. The second article was about a student who believed her parent’s divorce was her father’s fault. The principal believed this article did not give the father a chance to tell his side. In this case the Supreme Court ruled that the school had the right to censor the school newspaper and the students First Amendment rights were not violated. The school newspaper is not considered a place for public expression, so school officials can regulate what can be printed in the school paper. School papers still have censorship today. (Supreme Court laws. Find Law) In the case of Cox Broadcasting Corporation v. Cohn, the television station broadcasted the name of a seventeen-year old girl who was raped and killed in Georgia. They obtained the information from the public records. Georgia had a privacy statute, which kept the names and identities of rape victims from being publicized in the media. The court found that the Georgia statute was a violation of the Constitution. Justice White recognized the importance of the freedom of privacy and press but also identified reasons the press could not be restricted. First, citizens use the news media to scrutinize government proceedings. Public has...
...Mary Cathleen ThomasUnited States GovernmentGovt-2305-54245Jinnell Killingsworth |
U.S. Bill of Rights |
“Amendment I” |
In the beginning, our founding fathers where working on drafting a formal Constitution for our newly formed country. The representatives for some of the newly formed states, worried about the current draft of the Constitution. Many of the states and there representatives, had concerns about the wording of the current draft of the Constitution.
The representatives feared if the current draft, if left as-is it would allow the government a pathway to violate individual civil rights. In addition, it could possibly promote tyranny. The very issue they were getting away from with England’s Rule. Thus, the representatives demanded a “Bill of Rights” to be included with the Constitution to insure protection of individual citizen’s civil rights. http://archives.gov
Originally, “The Bill of Rights” started with “Ten Amendments.” This essay is going to focus attention on several U.S. Supreme Court Cases that challenged the “FirstAmendment.” The “FirstAmendment” includes the Right to Choose Ones Religion, and does not allow the government to create any laws in respect to establishing a religion. The “FirstAmendment” also includes the rights to,...
... The First and Second Amendments of the United States Constitution
On September 25, 1789, The Bill Of Rights was submitted to the states for approval, based on the previous Constitution's insufficient assurances for civil freedom, liberties and justice. Concerned that the Constitution neglected to clearly state the basic civil rights of the citizens of the United States, Anti- Federalists opposed the Articles of Confederations, which gave state governments more authority (“Bill of Rights, n.d.). As a result the first tem amendments commonly known as The Bill of Rights was approved by congress in 1791, undeniably guaranteeing citizens of The United States essential and important rights. The 1st and 2nd amendments are perhaps the most predominant, dominant sections of the Bill of Rights. The following essay will explain the contents of the 1st and 2nd amendments; it will also examine and analyze current controversies relating to the two amendments.
The 1st amendment of the Constitution granted citizens of the United States a prestige award by “prohibiting Congress from making any 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...
The FirstAmendment is part of the Bill of Rights. The Bill of Rights is our rights as citizens living in the United States of America. In this paper I will look at three provisions to the FirstAmendment, highlighting one case for each provision. Included are one case to discuss freedom of speech, one case to discuss separation of church and state and one case to discuss freedom of association.
1.) Discuss at least one Supreme Court case of significance related to three of the provisions of the FirstAmendment.
Case number 1: Cohen v. California, 403 U.S. 15 (1971), this was a United States Supreme Court case dealing with freedom of speech. The United States Supreme Court overturned a disturbing the peace conviction by a man who exited a courthouse wearing a jacket decorated with profanity.
On April 26, 1968, Paul Robert Cohen was 19 at the time of his arrest outside a Los Angeles courthouse wearing a jacket decorated with profanity. His jacket had the words “[email protected]%k the Draft.” Cohen was arrested for maliciously and willfully disturbing the peace or quiet by any person or a neighborhood.
a.) Why did this case have to be heard and interpreted by the Supreme Court?
Paul Robert Cohen was found guilty of disturbing the peace at a Los Angeles Courthouse. Cohen’s lawyers appealed and the conviction stood its...
...Reflections on the FirstAmendmentPaper
May 29, 2011
University of Phoenix
Reflections on the FirstAmendment
According to the FirstAmendment of the United States Constitution, “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.” Consequently, citizens from different occupations often file legal challenges for court adjudication on perceived injustice. This paper focuses on numerous momentous cases related to three of the provisions of the FirstAmendment, namely freedom of speech, press, and religion. The cases as enumerated shortly represent such examples, in which citizens challenge social norms and seek for Supreme Court hearing or interpretation. In addition, the paper evaluates the rights and responsibilities that the Constitution gives American citizens.
Notable FirstAmendment Court Cases
John D. Ashcroft, Attorney General, et al. v. Free Speech Coalition, et al. (2002)
The right to freedom of speech came under scrutiny in the case of John D. Ashcroft,...
...The FirstAmendment and Its Conflict
Freedom of speech, of religion, of the press, to assemble peacefully, and petition; this set of guarantees, protected by the FirstAmendment, comprises what we refer to as freedom of expression. However, many people will say that the law has stopped people from being able to exercise their rights. Personally I believe that people have lost their freedom to exercise their rights mentioned in thefirstamendment. Inhibiting a person’s right to exercise the parts of the firstamendment is just cruel and unusual and something no American citizen should have to go through or worry about. The problem does not just stand for other races that come into the country like a middle easterner or another race that may be suspicious but also to everyday American citizens. Having the firstamendment in our bill of rights is supposed to allow us to exercise these rights, not only parts of them which is what the law is doing to the American citizens.
Freedom of speech is one of the portions of the firstamendment that I am sure every American citizen exercises their right to every day. Though most citizens are not capable of exercising that right due to the legal system and how ridiculous they have become with the enforcement of law. A student of Juneau High School in Alaska...
The Constitution of the United States is an outline of the national government of the United Stated of America. It was written in 1787. Fifty-five men were there. They are known as the “Founding Fathers” or “Framers of the Constitution.” The Constitution of the United States was approved on June 21, 1788. The Constitution of the United States divides the government into three branches. First the Legislative branch, then the Judicial branch, last the Executive branch. The Constitution of the United States sets up the balance of power between the states. The rights that get added to the Constitution of the United States are called the amendments. The first ten amendments are called the Bill of Rights. To date there are twenty-seven amendments to the constitution. The Constitutional of the United States has become a model for most countries around the world. It is a document that will last forever.
“All religions must be tolerated... for... every man must get to heaven his own way.” (Frederick the Great).
Before the FirstAmendment was ratified, Americans had few rights. If you wanted to publish a paper, it went through the law. If you wanted to speak or say an opinion about the government or anything, you would need permission from the law. That .was the law. Thankfully to the FirstAmendment we have...
...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 to assemble peacefully, and to petition the Government for a redress of grievances.
The first and the most significant of the amendments to our Constitution is the FirstAmendment. "The amendment that established our freedoms as citizens of our new confederation." The FirstAmendment insures freedom of speech and of the press.
The FirstAmendment ratification was completed on December 15, 1791. This happened when the eleventh State, which is Virginia, approved this amendment. At that time there were fourteen States in the Union.
There are many examples that show use of The FirstAmendment and there are also many examples that show breaking of it. One of the major organizations that exercise free speech is the press. The press has come up with the phrase, "It is the people's FirstAmendment right to know." One example is 9/11. The press had the right to release information to the public, but they had to use judgment in what they released. Certain news that they might release could put people in danger, therefore taking away the right of all people to be safe. Freedom is what our country...
...Clause of the firstamendment. The case was decided May 4, 1970 and the ruling served to reinforce the opinion that the purpose of such tax exemptions is not to inhibit or advance religion. Not only does the tax-exempt status of religious organizations force taxpayers to indirectly support them, but also to support the political stances and opinions of said organizations.
Section 2: Facts of the Case
Frederick Walz owned property in the state of New York. The New York Constitution allows religious bodies exemption from state property tax. Walz argued that this exemption forced him to indirectly support these religious organizations as he was paying more to compensate for the fact that they did not pay any. Furthermore, he argued that this exemption violated the First and Fourteenth amendments.
Section 3: Legal Issues and Problems Presented by Case
Walz saw the tax exemption for religious organizations as forcing him to indirectly support said organizations as he had to pay more property tax as the organizations were not taxed at all. Does this exemption really force Walz to contribute to religious organizations? Was the Tax Commission’s exemption aimed at supporting religious organizations? Does such a tax exemption violate the separation of church and state guaranteed by the FirstAmendment? If so, then does it also violate the Fourteenth Amendment as New York is...