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First Amendment Analysis

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Bogen (1983) states that the principle determine of the privilege to the right to speak freely in the basic authorize of any region before the American Revolution suggested the benefits of directors in the midst of sessions of the legislative body. The significance given the term in this restricted setting affected its importance when connected to the entire society. The change of parliamentary advantage displays an affirmation in early America of the association among speech and the political technique and of the hugeness of the frameworks for approving cutoff points on talk as a piece of securing its freedom. Allen and Chenoweth (n.d.) recommends that after the American Revolution, the embraced 1791 US Constitution 's First Amendment set up …show more content…

Brennan, Jr. and Justices Thurgood Marshall, Harry Blackmun, Antonin Scalia, and Anthony Kennedy joining Brennan, with Kennedy also writing a concurrence. The Court dismisses the view that a clearly boundless assortment of direct can be named speech at whatever point the individual participating in the conduct along these lines to express a thought, yet recognized that conduct might be adequately pervaded with components of correspondence to fall inside the extent of the First and Fourteenth Amendments. In choosing whether specific direct has adequate informative components to bring the First Amendment into play, the court asked whether an intent to pass on a particularized message was available, and whether the probability was extraordinary that the message would be comprehended by the individuals who saw it. The Court found that, considering the present situation, Johnson 's flag burning constituted expressive conduct, allowing him to summon the First Amendment. Happening as it did toward the finish of a demonstration harmonizing with the Republican National Convention, the expressive, unmistakably political nature of the direct was both intentional and overwhelmingly obvious. The court inferred that, while the legislature for the most part has a more liberated submit limiting expressive conduct than it has in confining the composed or spoken word, it may not prohibit specific direct in light of the fact that it has expressive elements. According to Justice William Brennan, the majority of the Court agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment. They noted that the right to speak freely ensures activities that society may discover extremely hostile, yet society 's shock alone is not defense for smothering free speech (Facts and case summary for Texas v. Johnson, 491 U.S.

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The main purpose of this chapter is to determine the Founding Fathers’ motives for creating the Constitution by analyzing a secondary source by Woody Holton, and several primary sources. Frist, I will begin with the secondary source, “Unruly Americans and the Origins of the Constitution” by Woody Holton. Mr. Holton’s main purpose was to locate the motivation behind the Constitution in developments in the states (page 90). Mr. Holton addressed several grievances for possible motives of the Founding Fathers’. First, the excessive democracy that acerbated many Americans, the runaway inflation caused by the farmers who were allowed to satisfy their debt to creditors with property and good instead of hard currency, and the Revolutionary War that

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In the story “Shouting ‘Fire!’” Alan M. Dershowitz claims that Justice Holmes uses an analogy of “Shouting Fire!” His analogy refers to a person’s freedom of expression. Every act depends upon the circumstances in which it is done. By shouting “fire” an individual is implying alarm, and the indication of alarm will ultimately cause chaos.

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He did this action outside of a convention center in Dallas, Texas where the 1984 Republican National Convention was being held at. Johnson was later arrested and eventually charged with the violating of a Texas statute. The Texas court tried and convicted Johnson but he appealed this. He instead debated that his actions were a form of symbolic speech and that he was protected by the First Amendment. Surprisingly, the Supreme Court agreed to hear his case.

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Eichman decision reflects judicial activism, it can be argued that the supreme case ruling actually demonstrates judicial restraint. First, the 1990 United States v. Eichman verdict reflects judicial restraint because it upholds and applies stare decisis. To illustrate, in both the 1990 United States v. Eichman case and the 1989 Texas v. Johnson case, the Court ruled that individuals could not be criminalized for flag burning. The 1989 Texas v. Johnson case was similar to the 1990 United States v. Eichman case because both involved the prosecuting an individual for flag burning. In the Texas v. Johnson case, Gregory Lee Johnson protested the policies of the Reagan administration during the 1984 Republican National Convention; Like Shawn Eichman, Johnson also burned an American flag during the protest.

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The first case of the day that was heard by the Supreme Court on December 13th was Texas v. Johnson. Gregory Lee Johnson, a member of the Revolutionary Communist Youth Brigade, led a protest at the 1984 Republican National Convention in Dallas to protest Ronald Reagan’s reelection. During this protest, Mr. Johnson soaked an American flag in kerosene and proceed to burn it. Mr. Johnson was then arrested and charged for violating the Texas state law that prevented the desecration of a venerated object. The proceedings began with statements from the petitioners who claimed that precedent cases such as US v. O’Brien (1968), which deemed that the burning of draft cards was an invalid form of free speech, and Boos v. Barry (1988), which reinforced

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The Court noted, "If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." For example, although the law punished actions, such as flag burning, that might arouse anger in others, it specifically exempted from prosecution actions that were respectful of venerated objects, e.g., burning and burying a worn-out flag. The majority said that the government could not discriminate in this manner based solely upon what message was communicated. Finally, the Court concluded that Texas' interest in preventing breaches of the peace did not support Johnson's conviction because the conduct at issue did not threaten to disturb the peace.

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The 1st amendment “The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition.” (First amendment, 1789) Which means that he has his own freedom of what to talk. Moreover, there was a case in taxes that a man called Gregory L. Johnson burned the USA flag as a way of his protesting. This time, the Supreme Court stated that “In a controversial decision, the Supreme Court, by the closest possible margin of a 5-to-4 vote, held that a person has a right to express disagreement with governmental policies by burning the American flag.”

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In Dennis v. United States, the defendants were found guilty because their speech was not protected by the First Amendment because it involved the creation of a conspiracy to topple the United States government. It was not until 1957 in Yates v. United States which was ruled by the Supreme Court of the United States that speech which was deemed “revolutionary” or rebellious against the government as protected by the first Amendment as long as it did not pose a

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The constitutional issue in this case was the 1st amendment. Gregory Lee Johnson was tried for burning an American flag but the Supreme court decided he wasn’t guilty. They said that it was

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In Texas v. Johnson the court ruled that courts cannot limit freedom of speech solely because the thing being said is offensive or disagreeable to others. I agree with the courts on these last two rulings when comparing them to Fields case because I believe that Fields has the right to freedom of speech even if his speech contained a false statement. I believe that Fields’ statement although morally wrong, was not an act of malaise and did not cause harm to any individual. I think that most people would agree that what Fields said was morally wrong and was hurtful to those who have fought and been injured to protect our freedom here in the United States of

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The first amendment states that “Congress cannot enact laws limiting ”the freedom of speech or press.”’ (Kentucky Resolutions) Again, in short, this amendment is saying that the federal government is not able to pass a law that takes away someone’s right to speak their opinion. Contrary to this amendment, the Federal government did exactly the opposite of what the amendment said was allowed. The acts, passed by John Adams, take away the human right of speaking what is on the mind and using what they say to show them off as a threat.

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Justice Abe Fortas believes certain kinds of speech should not be prohibited within an educational setting .Hugo black argues that one should not demonstrate when he pleases and where he pleases. Justice Abe Fortes argues that certain kinds of speech should not be prohibited within an educational setting. In the story there was plenty of points one is ,” The prohibition of expression of one particular opinion….is not constitutionally permissible. ”(Paragraph 8)

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We ruled in the Times’s favor. They didn’t mean to make false claims about the elected official. They had no malicious intent. The other case was Texas v. Johnson. Gregory Johnson burned an American flag in protest.

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The Importance of the 1st Amendment In 1787 our founding fathers assembled the constitution of the United States of America. Of this which contains the most important document to the American citizen, the Bill of rights. The first Amendment states: “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” These freedoms granted by the Bill of Rights are often known as freedom of expression. These rights are most important to a truly free society. The first amendment provides us with new ideas and dismisses the fear of punishment

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The Leonore Annenberg Institute for Civics video titled “Key Constitutional Concepts” explores the history of the creation of the United States Constitution in addition to key concepts crucial to the document. Two central themes explored in the video include the protection of personal rights and importance of checks and balances. The video strives to explain these concepts through Supreme Court cases Gideon v. Wainwright and Youngstown v. Sawyer. To begin, the video retraces the steps leading up to the Constitutional Convention in Virginia in 1787. It opens by explaining the conflict that led to the Revolutionary War and the fragility of the new nation.

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