Paper On The First Amendment

1137 words - 5 pages

Bitter conflicts have resulted over the debate of civil liberties in America. Civil liberties are "freedoms that individuals enjoy and that governments cannot invade" (Miroff, Seidelman, Swanstorm 450). The civil liberties of U.S. citizens are largely embedded in the Bill of Rights of the Constitution, but America's judicial system has had to resolve many conflicts arising between civil liberties some consider to be basic freedoms that others see as threats to order and morality. Through the First Amendment, the Bill of Rights guarantees freedom of speech, press, assembly, and religious exercise as well as separation of church and state. But the First Amendment has not always conferred ...view middle of the document...

It held that neither students nor teachers lost their right to free speech while in school and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom ("Tinker v. Des Moines Independent Community School District"). The Supreme Court also said that wearing an armband as a silent form of protest was protected as free speech (Miroff, Seidelman, Swanstorm 457). If I were a judge, I would argue that it is a violation of the First Amendment for a public school to prohibit students from silent, passive protests such as wearing an armband at school as long as it does not interfere with the learning process or create a hostile atmosphere.The case of Texas v. Johnson in 1989 was another controversial Supreme Court decision. During the 1984 Republican National Convention in Dallas, Texas, Gregory Lee Johnson participated in a political demonstration to protest the policies of the Reagan administration. After a march through the city streets, Johnson burned an American flag while protesters chanted. No one was physically injured or threatened with injury, although several witnesses were seriously offended by the flag burning. Johnson was later convicted of desecrating the American flag, based on a Texas law (Miroff, Seidelman, Swanstorm 457). When the case was appealed to Supreme Court, the question the Court had to answer was, is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment? Furthermore, can an act of political dissent be made illegal because some find it offensive? Ultimately, the Court overturned Johnson's conviction on the grounds that the Texas law against flag burning violated the First Amendment by punishing Johnson for the communication of a political message (Miroff, Seidelman, Swanstorm 457). I would reason, similarly with the High Court, that it is a violation of the First Amendment for a state to prohibit a person from burning an American flag when it offends onlookers or is used as a means of expressing a political viewpoint. After all, Americans have to endure speech or actions that seem offensive in order to maintain a healthy democracy. Like Eugene Volokh, a law professor at UCLA, I too believe that "we must fight the speech we h...

RELATED

The First Amendment: From Start to Finish - high school and literature - Essay

3873 words - 16 pages Henderson 2 The First Amendment was added to the Constitution in 1791 in order to provide Americans with basic rights they demanded. It is the first section of the bill of rights and arguably the most important. This amendment guarantees freedom of speech, religion and press. Due to the first amendment, we Americans are able to express ourselves in ways that wouldn’t be allowed. This is something we are lucky to have as many countries do not

Primary Source About 15th amendment - HighSchool His - Primary source

426 words - 2 pages Author 2 Author Prof. HIS 4/21/2019 Primary Source #3 On February 26, 1869, an amendment was passed by Congress. This was the Fifteenth amendment. The amendment guarantees African-American men to vote, to those who couldn’t at first by the Thirteenth and Fourteenth amendments. After eleven months has past, the Fifteenth was ratified on February 3, 1870; stating that all citizens, no matter the race, color, or position, has the right to vote. To

The 21st amendment and how it was ratified - politics - Research paper

905 words - 4 pages 1 Delta College University Constitutional Amendment paper Josie Sheltraw American Politics May 24th, 2019 In 1776 our first president, George Washington had just been president for the last 8 years when he set the two-term precedent in 1796 after passing on running for a third term. A quote by Washington “The line between Parties regards neither truth nor decency; attacking every character, without respect to persons – Public or Private, – who

The Fifth Amendment is an old friend and a good friend. Do you agree or disagree with that assessment of the Fifth Amendment? Why?

471 words - 2 pages reasons for the installation of this amendment in the constitution dealt with the Framers past experiences in relation to England. Many of the Framers had experienced first hand the tyranny of an English king and the harmful effects of a lack of democracy.

Philosphical Issues of gender and sex - Philosophy - Assigment

1061 words - 5 pages , The Fifth Amendment was ratified and mirrored the Magna Carta from England. The Fourteenth Amendment was established in 1865 after the Slaves were freed. Along with the Civil Rights Act of 1866, citizenship was guaranteed regardless of race, color or involuntary servitude. The first section of the fourteenth amendment is one of the most litigated parts of the Constitution. By definition Due Process is a course of formal proceedings that are

the importance of the constitution - lab school 8 - essay

560 words - 3 pages 1 Bryant Camille Bryant Ms. Parham Humanities A 16 November 20 The importance of the First amendment and the Preamble “We hold these truths to be self-evident, that all men were created equal; that they are endowed by their Creator with certain unalienable rights, and that among these are life, liberty, and the pursuit of happiness (Jefferson, Declaration of independence)” The Declaration of Independence states that all men were created and are

How Did The Nineteenth Amendment Come To Be Part Of Our Constitution And Why Was It Significant? A History Of The Female Right's Movement And The Importance Of The 19th Amendment

1560 words - 7 pages Fourteenth Amendment officially extended the vote to women. Although the case was not a victory per se, it was a monumental leap in the fight for women's suffrage. The issue was now at the center of controversy throughout the United States. (Minor v. Happersett 1-5)On January 1878, Senator A.A. Sargent of California first introduced a women's suffrage amendment in Congress. However, this proposition met insurmountable odds in Congress. Many

Intro to Political Science Final - Xavier University of Louisiana - Final Paper

2406 words - 10 pages , but has achieved no significant reform. The purpose of this paper is to analyze the Second Amendment, with regard to District of Columbia vs. Heller, to look at how the Second Amendment has been interpreted. This paper will also analyze the influence lobbyist organizations have in regulating gun-related policies. First, the paper will look at the Second Amendment from a literal, as well as interpreted, context. Following this will be an analysis

Right to Bear Arms, Gun Control debate and the Second Amendment - Government - Final Paper

2437 words - 10 pages privilege given to the people and should be exercised as directed within the document. The Constitution defines the Right to Bear Arms as "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." The Second Amendment guaranteed American citizens the right to protect themselves. One particular clause in the amendment is the right to own and operate a firearm

CONSTITUTIONAL PRINCIPLES-- INDIVIDUAL RIGHTS - hillcrest high school - essay

783 words - 4 pages slaves received it led to the adoption of the 13th amendment and because of the limited freedom women were given it led to the adoption of the the 19th amendment.The 19th amendment enabled women to receive many rights they never had before.And the 13th amendment managed to give slaves their freedom.These two amendments impacted the lives of many American. For centuries slaves were treated as property the received no sympathy. Slaves faced cruel and

Social Reform

396 words - 2 pages crime. Finally in 1933, the Twenty-first Amendment was passed which abolished the Eighteenth Amendment, ending Prohibition.Another social change was the women's suffrage. Suffragists organized the Seneca Falls Convention in upstate New York. There, Stanton created the Declaration of Rights and Sentiments which was modeled after the Declaration of Independence. The Declaration of Rights and Sentiments contained several resolutions including that a man

Civil Liberties in the United States - Political Science - Essay

985 words - 4 pages important decision in free speech, press and assembly. Bad tendency test was quite similar but it was used in interpreting the First Amendment by allowing governments to infringe upon freedom of speech even though the amendment specifically forbids. Freedom of speech has proven to have such a tremendously powerful influence that it has changed the course of history in different occasions for the sake of the world. Since ancient times, humans have

Freedom of Religion related to the freedom of speech and press

355 words - 2 pages Freedom of religion, related to the freedom of press and speech.The first amendment prohibits an established religion in the United States. It also states that you can practice this religion in any peaceful way that you choose. The other rights of the first amendment can support this or delude this. People in the United States can say or right whatever they choose about their or another person's religion. Religious freedom means different things

lets put pornnography in the closet - english - essay

683 words - 3 pages Critical Analysis of Let's Put Pornography Back in the Closet Susan Brownwiller's essay "Let's Put Pornography Back in the Closet" discusses the topic about how pornography is degrading and abusive towards women and how the First Amendment has been used incorrectly on graphic pornographic content. "To equate the free and robust exchange of ideas and political debate with commercial exploitation of obscene material demeans the grand conception of

Jury

548 words - 3 pages gentelmen of the jury, today i am going to prove to you that nazi have just as much right to march wherever they want to as do the homosexuals, african american communtiy, relihious belivers, along with any other community that as their right to speak their opinion in what they believe in as the united states dicatates to be constitutional under the first amendment. the first amendment provides us with the freedom of speech, the freedom of