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Essay On The First Amendment

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The first amendment of the United States Constitution is a crucial topic that guarantees fundamental rights such as freedom of speech, religion, and association. The first amendment protects the freedom of association, which emcompasses an individual’s right to join and leave groups as they please, and for the group to take collective action to pursue the common interest of the individuals in the group. The history of the freedom of association can be traced back to the founding of the United States, where the right of association was seen as a necessary component of democracy. The freedom of association can be explored into its history, the basis of the topic, and the interpretation of the courts, especially in cases; Gitlow v. New York, NAACP …show more content…

Dale (2000). In this case, the court ruled that private organizations such as the Boy Scouts had the right to expel members who did not share their values and beliefs. It argued that it included the right to associate with those who share ideas.
Another landmark example of the importance of freedom of association is NAACP v. Patterson (1958). In this case, the Supreme Court recognized that the NAACP has the right to protect the privacy of its member list to prevent harassment and intimidation. The court has found that the right to associate is "an integral aspect of the right to freedom of expression" (Monk 89).
Finally, Gitlow v. New York (1925), a frequently debated case in the jurisprudence of the First Amendment to the U.S. Constitution, argued that the right to organize as an interest of liberty protected under the Fourteenth Amendment to the U.S. Constitution admitted. The Supreme Court has ruled that the right to organize is a fundamental right essential to the protection of individual …show more content…

Justice Edward T. Sanford, writing for the majority, said Guitreau's speech presented a clear and present danger to the government, and that the states had the power to suppress it. However, the Supreme Court also ruled that the 14th Amendment extended the scope of the First Amendment to the states. This means that states must respect free speech and other First Amendment rights. In summary, Gitlow v. New York was a significant case that upheld the applicability of First Amendment warranties to states. The case also established a unique, current danger test that is still used to this day to determine whether a language could be restricted for potential harm (Gitlow)
An important Supreme Court case from 1958 regarding the First Amendment of the US Constitution, which safeguards freedom of association, was NAACP v. Alabama. The dispute began when Alabama attempted to compel the National Association for the Advancement of Colored People (NAACP) to reveal its membership list. The state asserted that disclosure was required in order to implement rules governing charities.

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NAACP v. button (1963) The NAACP was prosecuted for violating a Virginia statute which banned "the improper solicitation of any legal or professional business”. They said this violated the 1st and 14th amendment. Verdict: 6-3 decision

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The Supreme Court case, Heart of Atlanta Motel v United States, is a lesser known court case among Americans, although it holds vital significance. This case was during the Civil Rights Era where African Americans were trying to obtain rights through boycotts and protests. Civil Rights is the protection of individuals from organizations and private individuals, including businesses. This where Heart of Atlanta Motel v United States plays a role with civil rights. In this case a private hotel was discriminating against African Americans.

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For example, the 1964 Heart of Atlanta Motel Inc. v. United States and the 2009 Ricci v. DeStefano Supreme Court cases. In the Heart of Atlanta Motel Inc. v. United States Supreme Court case, “the owner of the motel argued that the federal government overstepped its authority and violated the 5th amendment. the Supreme Court ruled that the federal government can force businesses to abide by the Civil Rights Act of 1964 through the Interstate Commerce Clause in the Constitution” (Civil Rights Act of 1964 Explained). In addition, the 2009 Ricci v. DeStefano Supreme Court case used the Civil Rights Act of 1964 as evidence. “The case consisted of a group of firefighters, who brought suit against the city of New Haven, Connecticut for invalidating a test that would have earned them promotions.

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Throughout United States history, many constitutional Civic issues have been debated by Americans. These debates result in effort by individuals, groups, and governments to address these issues. These efforts have achieved varying degrees of success. One of these constitutional Civic issues is African-American civil rights. Throughout United States history, various efforts have been made through activism and community efforts in order to advance the civil rights of African Americans.

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The same year the organization began, it scored a huge victory with the court case Guinn v. United States. This case ended the grandfather clause in Oklahoma, which was holding back many African Americans from voting (NAACP “Oldest and Boldest.” ). Dr. Raphael Cassimere, Jr. says in his article “Flashback: Eighty Years Ago The NAACP Goes To Court”, that the case was a very symbolic victory for the group (Cassimere 34).

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One of the most significant reasons the NAACP had the greatest impact on the Civil Rights Movement is their role in the Brown VS Board of Education of Topeka case. The 1954 Brown

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During the early years, the association won a variety of legal cases to ensure the rights of minorities. In 1923, the NAACP won a case when the Supreme Court decided that African Americans could not be excluded from juries because excluding them denied those accused of crimes a fair trial. In 1945 during the establishment of the United Nations, William represented the association in San Francisco, California. Over many years, the NAACP has encouraged presidents to end racial discrimination in hiring and military service. The association has come a long way, from 60 people to a membership of more than 500,000 people

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The NAACP and CORE are two among many influential interest groups that helped gain support to pass the Civil Rights Act of 1964. Without the help of these interest groups, support would not have been rallied in organized ways and the bill would ultimately not have been passed. With the help of these organizations, all people in America, especially African Americans, can have the rights that they deserve. References

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Another issue was with the owner of Ollie’s Barbe­cue, in Birmingham, Alabama, Discuss the Supreme Court cases that address this topic, such as Heart of Atlanta Motel v. United States, Katzenbach v. McClung, and others. These court case rulings marked a way we think about civil rights enforcement under our Constitution. Title II goes to show that any racial discrimination, even private racial discrimination, affects interstate commerce. Many parts of the US Constition are involved within the commernce clause and the civil rights act. To start, the 13th, 14th and 15th amendments where all ratified after the civil war, which gave the congress the powers to enfore civil rights.

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In the Plessy v Ferguson case, it resulted in the agreement of ‘separate but equal’ which is the opposite of what was needed to bring the Civil Rights movement forward. This is opposition to African American’s because they ruled for segregation. The Strauder v West Virginia case is also an opposition to African American’s as it was ruled that only White American’s were to serve as judges in the Supreme Court. Finally, the Williams v Mississippi case was opposition to African American’s because it ruled that to be able to vote, you had to be able to pass a literacy test. This was opposition to African American’s as a lot of them would not be able to pass a literacy test as they would not have been educated well enough if at all to be able to pass a literacy test.

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Notably, the organization fought for the landmark case Tinker v. Des Moines. The ACLU stated on its website, “In Tinker v. Des Moines, the ACLU won a major Supreme Court victory on behalf of public school students suspended for wearing black armbands in protest of the Vietnam War, a major First Amendment

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Based on a serious of previous cases, the First Amendment rights of freedom association and speech should apply to college students on a university campus as it does in any other public forum. Therefore, the university should not impose excessive restrictions on students’ expression of these rights, and, if done so, the university should have accurate and applicable justification as to why it must limit these rights. The Healy court held that the First Amendment does, “…authorize advocacy, group activities, and espousal of change. Purposes must be drawn between advocacy, which is entitled to full protection, and action, which is not.

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During the civil rights movement, for example, the Supreme Court upheld the rights of several groups of individuals protesting segregation at public institutions such as libraries and schools, and ruled that these citizens had every right to express their rights under the petition clause” (American Bar Association). So, the Supreme Court once again says that it is an inalienable right, that according to the petition clause, citizens have every right to complain about something if they see that it is not fair and that even in the civil rights movement they confirmed it in front of all the

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The first amendment is the stepping stone for the way this country is built. The first amendment in the constitution is written as “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.” The first amendment defends the freedom to hold various beliefs and to express them. When the first amendment was written it was because it reflected the rights our framers did not have when our country was a part of Britain. The thought process was “They realized that religious discord can be explosive and cause tremendous

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In 1891, a group of concerned young black men of New Orleans immediately formed the “Citizens’ Committee to Test the Constitutionality of the Separate Car Law.” They raised money and engaged Albion W. Tourgée, a prominent Radical Republican author and politician, as their lawyer. The poeple involved in this case are the young concerned black men the us government and the states. On May 15, 1892, the Louisiana State Supreme Court decided in favor of the Pullman Company’s claim that the Separate Car Law was unconstitutional. The importance of this case is that In 1883, the Supreme Court finally ruled that the 14th Amendment did not give Congress authority to prevent discrimination by private individuals(Plessy v.

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