The First Amendment was written because at America's inception, citizens demanded a guarantee of their basic freedoms. The First Amendment protects the five basic freedoms that are essential to the American way of life. These freedoms are: the freedom of speech, the freedom of press, the freedom of assembly, the freedom of petition, and the freedom of religion. Freedom of speech allows you to say what is on your mind, in public or private places, without fear of getting punished. For example, if we go back to the 1960’s Martin Luther King Jr. had his free speech by talking to the public on racism and that African American’s should have the same rights as Caucasians, etc. he wouldn’t be able to do this if the first amendment hadn’t been created. Freedom of press allows people to express themselves in print such as books, newspapers, magazines, radio, television, and computer net works. Freedom of assembly protects our right to assemble in groups for any reason as long as the groups are peaceful. Also we have the right to attend meetings, parades, political rallies, and public celebrations, and also protects our right to join organizations. Freedom to petition which means a formal request, guarantees all Americans the right to petition the government. This means that we have the right to express our ideas to the government. An example of this I would say would be being able to vote for who we as the people of the United States think our president should be during the presidential campaign. Freedom of religion prohibits congress from establishing an official religion in the United States and separation of church and state. This amendment also guarantees the right to practice religion as they wish, and the government will not favor one religion over another. The reason why I chose this amendment to write about because affects me the most and is very important to me. This amendment is important because without it the United States...
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 more rights. The...
...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...
...Censorship and the FirstAmendment: The American Citizen's Right to Free Speech
Are we protected from censorship under the FirstAmendment? In other
words do individuals or groups have the right or the power to examine material
and remove or prohibit anything they consider objectionable? This argument has
been progressing for centuries, in fact the first notable case was against John
Peter Zenger, in 1743. Zenger was an editor of a New York colonial newspaper
that often published articles critical of the colonial governor. He
successfully argued that publishing the truth should be a defense and thus
defied the conventional wisdom and ended colonial intrusion into freedom of the
press (Harer 21). Since that case, the progression through time has expanded
matters to the complicated issues we see today. The founders of the United
States government tried to protect this liberty by assuring a free press, to
gather and publish information without being under control or power of another,
in the FirstAmendment to the Constitution. So why do we need to be concerned
if we, as citizens, have been properly protected under the constitution? Our
concerns occur, on account of special interest groups that are fighting to
change the freedom of expression, the right to freely represent individual
thoughts, feelings, and views, in order to protect their families as well as
Essay on the 1st Amendment
Mr. Fumusa School of Government
With its adoption on December 15, 1791, the FirstAmendment, along with the rest of the Bill of Rights, set out to ensure civil liberties for all citizens within the Constitution. Although, the FirstAmendmentfirst applied solely to the federal government, today, the Supreme Court interprets the Establishment Clause, Free Exercise Clause, Free Speech Clause, Freedom of the Press Clause, Freedom of Assembly Clause, and Freedom of Petition Clause for all citizens of the United States. Throughout each of these clauses, the Supreme Court has distinct guidelines, upon which there is a socio-political certainty for the citizens of our country, however in the present nature of our society as a whole, the freedoms guaranteed in the FirstAmendment are truly more of an ideal. In order to fully understand this concept of our freedoms acting as a model, there must be thorough knowledge of the various historical, political, and legal realties behind these promised freedoms.
In order to silence the conflict against the ratification of the Constitution, based on the absence of necessary civil liberties, arose the creation of the FirstAmendment. Soon after, Amendment One of the Bill of Rights of the United States Constitution read "Congress shall make no...
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 ground in the California...
...The First and Second Amendment
When the Constitution was written, it was not the intent of the authors to assure human rights to its citizenry, it was written in order to set up a federal government that would allow the United States to be a self-governing entity, and to put in place a system of government that would serve the citizens of the country in the way that they saw fit. After the ratification of the Constitution in 1787, “people soon began to notice that it did not list many of the personal liberties (individual rights) that they had come to believe were theirs.”(Cullop, 1999) At the behest of some states the first ten amendments were added to the Constitution that protected the personal rights of the citizens called the Bill of Rights.
The FirstAmendment prevents Congress from implementing an official religion, offers the free exercise of religion, and allows freedom of speech in the public and the press without fear of legal retribution for what is said. It also allows citizens to assemble peaceably to protest government or its decisions and to petition the government to change things that the people do not agree with. On the surface this amendment appears to settle some problems, but as time has gone by there have been many interpretations of the words and many arguments as to the intentions of the authors when the amendment was...
...Reflections on the FirstAmendment Paper
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, Attorney General, et al. versus Free Speech...
In modern times we view America as a thriving nation at the top of the power rankings amongst countries. Such supremacy is found not through the weapons of mass destruction but instead in the people living in a free society. The idea of free society can be related to the firstamendment found in the constitution which enforces the idea of freedom. The firstamendment is vital to functioning of a free society. Justice Robert Johnson once said, “No official can prescribe what can or can not be orthodox.” In other words, no American, despite their rank or command in office, shall be the decider or in charge of the people’s freedom. It is such freedom in which causes American citizens to think in a free society which separates us from other countries.
The rights included in the firstamendment, the rights and freedoms of speech, press, religion, assemble, ad petition, can be summarized as the freedom of expression. The freedom of expression serves as the backbone to a free society and creates a space for each individual to fulfill our own goals in which we desire. The firstamendment ensures the rights of individuals to express their thoughts, desires, aspirations, and the ability to communicate freely with others which together strengthens the role of each individual in society. Thus, the freedom of...