The First Amendment that allows us to have Free Speech is by far probably one of the most important rights we have. One could say that Freedom of speech is as American as eating boiled peanuts at a football game, but the problem is not everyone may like boiled peanuts or football. This right gives people the opportunity to say what’s on their mind without fear of reprisal even if it offends others.
Freedoms of speech rights have been interpreted differently throughout history and those interpretations have been questioned many different times, in many different ways. People are always protesting something and as long as it is done in a peaceful manner it is normally legal. That wasn’t always the case though; in the early days colonists
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According to New York Times article Supreme Court Overturns Conviction in Online Threats Case, Citing Intent Anthony Elonis was convicted for posting violent threats on social media to hurt people. The article states that “the district court informed the jury that a "true threat," which falls outside the scope of First Amendment speech protections, requires an objective intent to threaten” which basically means that Mr. Elonis’ actions were not protected under the First Amendment. The article goes on to say that “the defense for Elonis argued that "true threats" require a provable plan or an actual attempt to follow through with the threat” , which basically meant that without any actual proof that he was going to follow through with the threats that he shouldn’t be convicted. The U.S. Court of Appeals for the Third Circuit agreed with the lower courts decision. So he took it to the Supreme Court where his conviction was overturned basically due to a technicality in which the lower courts were in error for instructions given to the jurors that the Government needs prove only that a reasonable person would regard Elonis’ communications as threats. Because the lower courts made this mistake Elonis was set free after serving 44 months in jail and his argument that he was just exercising his freedom of speech rights was never really
Frederick case where a student got punished just for holding up a sign saying “bong hits for jesus” in a school event. This would of have been perfectly fine if he was outside of school but since he was at school the court ruled in favor of Morse because the students do have freedom of speech but not to a point where they are promoting drug use in a school is allowed. Some say that the ruling was not fair because it violates the first amendment but another case had already set a precedent where students in school only have limited freedom of speech instead of the belief ultimate freedom of speech where you can say whatever you want with no
The author's primary focus in this article is to illustrate and create awareness for the evolution of the First Amendment. The first amendment has been defined over the years as protecting Americans basic liberties, that being the freedom of religion, speech, press, petition, and assembly. The author introduces the factors that ultimately altered the definition of the amendment. The people’s misinterpretation of the amendment was the primarily the factor developing the evolution of the First Amendment.
In rarer cases some will protest on things that may cause fights. The college campus has the right to shut down a protest if it may cause a fight. This is said under the category “Fighting Words” in the first amendment. Its states that if the protest may cause the intended audience to commit an act of crime, the protest should be dismissed.
In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.
The article discusses how these are not crimes that are being committed, rather, these are crimes that are only being discussed. This raises the question of whether or not the United States is overcriminilizing speech. The article argues that in order for these crimes to seriously be considered as a criminal offense, the government needs to create an objective way of qualifying what is and
The Amendment That Gives Us Protection The constitution of the United States was written in 1789 and it consists of 27 amendments. One of the amendments is the fourth. The fourth amendment states that the people have a right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures and shall not be violated without a warrant issued upon probable cause. The fourth amendment prohibits unreasonable searches and seizures by the government and requires that search warrants need to be reviewed by the judge and a reason.
Two years ago, in June of 2008, the Supreme Court ruled in District of Columbia v. Heller that District of Columbia’s law which banned its citizens from keeping a handgun in their home violated the Second Amendment, which protects the right of the people to keep and bear arms. When looking back on this case, it must be noted that the Supreme Court did not clearly define whether or not the Second Amendment applied to the States, since the District of Columbia is a federal territory, run solely by Congress. Fast forward to today in Oak Park, which is a suburb of Chicago, they have laws in place that ban almost all citizens from possessing a handgun. Otis McDonald, Adams Orlov, Colleen Lawson, and David Lawson filed a suit against the city, stating this ban has left them without a proper tool for self-defense against criminals, and that it violates their Second and Fourteenth Amendment rights.
The First Amendment provides freedom in two different clauses. One states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. Those clauses are the establishment clause and the free exercise clause. (Ginsberg et al. 99) There should not be limits on freedom of speech.
What I believe in is what every redneck in the United States believes in, 2nd Amendment rights. I personally collect guns from different eras of time (WWII, and Vietnam/ Korea). Back when our nation was first founded, many rights were under fire by a tyrant king several thousand miles away. Those loyal to the crown obeyed the new laws, those that were not so friendly…
The Second Amendment essay If you were walking on the streets and some body came up and tried to hurt you, how would you react? The second Amendment allows us to keep and bare our arms to ourselves. This Amendment guarantees that We can that we could defend ourselves just like what a twelve year old girl in Bryan County did.
The United States Constitution is considered to be more concise, as well as much older than constitution of other nations worldwide. Although, the United States Constitution is mature, there are such a limited number of amendments that have been added to the Constitution since it was created. The 27th amendment was the last amendment that was added to the constitution in 1992. During the early stages of the constitution it was a controversial document during the conventional debates. The Constitution was written on May 25 through September 17, 1787.
According to Susan Jacoby, in “A First Amendment Junkie”, “. . .the protection of the constitution should not be extended to any particularly odious or threatening for of speech (although I don’t agree with it)” (17). Here Jacoby is saying that the constitution should continue its job of protection when it comes to any threatening form of speech. At the time Jacoby spoke about her views on the First Amendment it was the beginning of feminists and their uprising.
The Second Amendment protects the right of people to keep and bear arms. This amendment was a controversial among different people in the government. It was between letting the people keep their weapons or to not let the people keep their weapons. This amendment was important to the framers of the Constitution because it provided the country with a well-regulated militia. The Second Amendment states "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.
Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.
1. Put the text of the First Amendment into your own words. In a paragraph, describe the rights granted to you by the First Amendment. The first amendment dictates some rights given to the people.