It simply says “Congress shall make no law….abridging the freedom of speech” ("First Amendment (ratified 1791”). Nowhere in the Amendment does it specify what kind of speech is protected. In addition, United State also violated its citizen’s right by creating a law (The Federal Obscenity Statute) to limit the speech of the people, which is an
For example being on a plane and yelling bomb or being in a crowded room and yelling fire when there is no bomb or fire. Yelling those things will cause people to panic and can cause problems and might injure people. Everything else should be protected under the first amendment. A quote from Benjamin Franklin, “Without Freedom of Thought, there can be no such Thing as Wisdom; and no such Thing as publick Liberty, without Freedom of Speech; which is the Right of every Man, as far as by it, he does not hurt or control the Right of another: And this is the only Check it ought to suffer, and the only Bounds it ought
The first amendment protects our everyday life when it come to speaking, Writing, religion, signing a petition,or gathering together for a protest. Congress shall make no law respecting any of these topics. The scenario at hand explained how a group of students set the flag on fire and they all got arrested, the real question is however, are the police within their rights to do so? Overall, there are two sides to the subject, one is, the students are able to burn the flag and should not be punished at all, the other side is that burning the flag infringes upon our rights and it is not allowed. The students are able to burn the flag and they shall not be punished.
Today, it’s hard to imagine the U.S. Constitution without the Bill of Rights. However, when the founding fathers we’re drafting the Constitution they didn’t feel the first ten amendments were necessary. The three men that believed these amendments should be included were, George Mason, Elbridge Gerry, and Edmund Randolph (4). James Madison was responsible for drafting the document and came up with seventeen sections (4). This number then got reduced to twelve, but only ten of those twelve were ratified.
We all know how the story goes, right? England owns the 13 colonies. England taxes us unreasonably and sends troops into our houses. We have the Boston Massacre and the Boston Tea Party, then a man writes a pamphlet and convinces the colonies to go to war against England. We write a letter to England telling them how brutal they were to us and that we’re breaking up with them.
On the contrary, although the defendant didn’t violate those the limitations stated by the First Amendment, the First Amendment does have other limitations such as the First Amendment applies differently to students in school. As the Supreme Court ruled in the Tinker case, it states that “students are not granted an unlimited right to freedom of speech or self-expression by the First Amendment, because First Amendment guarantees must be balanced against a school’s need to keep order and their school policies. Another example is the case Bethel School District v. Fraser; in this case, high school student Matthew Fraser made a speech nominating another student for elective office, his speech involved graphic sexual metaphors. The Supreme court
Chapter 4 of the book We the People talks about Civil Liberties, this chapter mainly talks about the Rights that were placed in the Constitution (not in the Bill of Rights), it also talks about the Bill of Rights and it describes the rights protected by the Bill of Rights. It also talks about specific rights that work close together with the Bill of Rights and Amendments rights. One of the first Amendments that is described in great detail is Freedom of Speech and Religion. The first Amendment protects US citizens right to talk about almost any topic in the United States. I said almost any topic because there are some forms of speech that aren’t protected by the First Amendment (these forms of speech can be limited or prohibited), some of the forms of speech that aren’t protected by the First Amendment are Fighting Words and Hate Speech, Student Speech, Libel and Slander speech.
The freedom of speech clause 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. " For this situation, the part of the clause being focused on is the mention of abridging the freedom of
The First Amendment states that there shall be no law respecting an established religion, preventing the freedom of speech, or preventing the right for people to hold peaceful assemblies. I personally believe that the freedom of speech is the most critical out of the three freedoms. The freedom of speech encompasses all the freedoms in the First Amendment. Without the freedom of speech, there can not be peaceful assemblies or the freedom of religion. All of the freedoms requires the right to freely express opinions.
While having free speech can be a problem and anger many, it IS one of our basic freedoms. The Bill of Rights was added to the Constitution as the first ten amendments on December 15, 1791 and the fact that American’s rights were not protected and added to the Constitution any earlier heated up numerous debates! The First Amendment protects freedom of speech, press, religion, and petition. It is very well one of America’s special aspects and for some American’s, it is their most cherished personal freedoms. With that being said, I do not see a problem with one having the ability to speak their own opinion, I just think their should be a few limitations.
The first amendment gives us our freedom of religion, freedom to peaceably assemble, freedom of the press, and freedom of speech (Obscenity and Pornography. Cencage). The first amendment counteracts the government from restricting the amount of details and information that is allowed to be shared. With that being said, that does not necessarily mean that there are no limitations. If the outcome is a crime then it is not protected.
Legislatures in the United States continuously attempt to restrict the flow of new forms of entertainment that their constituents believe to be harmful to society. Yet, from the lower courts to supreme courts, contested legislation is overturned. The First Amendment’s assertion of the freedom of speech is afforded the highest standard of judicial review and very few exceptions are allowed. These exceptions to free speech are obscenity, incitement, fighting words, slander and libel. However, while adults enjoy the full extent of the priviledges in the Bill of Rights, minors are viewed as needing special consideration in certain situations.
The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. There are many ideas expressed in times where it would be inappropriate or unnecessary to use one’s freedom of speech. These circumstances would be where something is inappropriate or misidentified as hate speech. There are many situations where someone may want to say something, yet there are times where some things should not be said.
The first amendment main purpose is to limit the power of the congress. It restricts them. The same limit however does not apply to us. We are allowed to express yourself without interference or constraint by the government but the government can limit both the content of speech and the ability to engage in speech as long as the government has a “substantial justification.”
The Freedom of Speech Our Freedom of Speech is protected by the First Amendment under The United States Constitution. The Freedom of Speech protects our right to talk to whoever we want, however we want, and whatever we want. Free speech is fundamental to human beings and the first Amendment reinforces that idea .This is the basis of the American Democratic ideals.
