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First amendment in modern law
First amendment analysis
First amendment controversy
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More handpicked essays just for you.
First amendment in modern law
First amendment analysis
First amendment controversy
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Between the people of the United States and the federal government there is a social contract theory, in which the people give up as much power as needed for the federal government to promote the wellbeing of all. Thus, if a government stops protecting its people then they have to right to overthrow it and create a better government. The people are guaranteed the right to expressive conduct from the first amendment, but the line can become blurry in some instances on whether the occurrence is supported civil disobedience or not. Different people interpret the first amendment differently, allowing many times for people to claim having the right to proceed with their actions. Again, there are issues deciding whether people do or do not have the
Right to Peaceful Assembly The right to have a peaceful assembly has been in the blood since before the American Revolution. The original protest that received world fame and ideology-for which that we believed in our right for independence and a better life (even though it wasn’t really peaceful) was the Boston Tea Party on December 16, 1773. This was a protest in the dead of night as a few men disguised themselves as Indians to dump tea into the Boston Harbor. As time went on, we won the Revolution but we had to make many new laws for our unique nation.
Freedom of speech has been a right of the people since the establishment of the Constitution. Since the role of the government is to serve the people, if the people were to become unsatisfied, they have the right to protest. This reinforces the idea that citizens are a crucial part of a prosperous nation, thus, they should have the right to choose who they are governed by and how they are governed.. Thus, peaceful resistance to laws has a positive impact on a free society.
“... O say does that star spangled banner yet wave, o’er the land of the free and the home of the brave.” Nearly every American can recite the final lines of our National Anthem. However, few take the time to truly contemplate the meaning of these words. When I hear these phrases, I think of the principles on which our country was founded: the right to life, liberty and pursuit of happiness. But perhaps more important than these rights are the defenders of them: our veterans.
The first amendment allows us to share our opinions in several different ways. Peacefully resisting laws we disagree with is an important way to share our opinions and make a difference. Rosa Parks did not cause harm to any passenger on that bus, and she made an incredible impact. In today's times, we often have protests when a group of people feel that someone was unjustly killed, commonly centering around police brutality. These peaceful protests are perfectly fine to have.
live in a fair and free society, which includes the right to speak out in protest” (Reid). Eric’s statement is entirely true, which means that those who disagree with a protest have the right to speak out as well. Freedom of speech and protest works both ways which means I, and many other Americans, have the right to disagree with the protesters (Reid). The football protesters are not wrong by protesting injustice, however, their form of protest does the opposite of bringing awareness and merely divides the people they desire to bring together.
People's justification to engage in civil disobedience rests on the unresponsiveness that their engagement to oppose an unjust law receives. People who yearn for a change in a policy might sometimes find themselves in a dead end because their “attempts to have the laws repealed have been ignored and legal protests and demonstrations have had no success” (Rawls 373). What Rawls says is that civil disobedience is a last option to oppose an unjust law; therefore, providing civil disobedients with a justification for their cause. Civil disobedience is the spark of light that people encountered at the dead end and they hope that this spark of light will illuminate to show that an unjust law should not exist at all. Martin Luther King, Jr, in his “Letter from
However they are wrong because protesting is something everybody can do, and does different ways, life protesting to not stand during the national anthem, or your own rights. In the argument Totally Free? I validate my point. The author uses the Bill of rights to say that they did not say “Everyone is free to do as he or she chooses. They said “Congress shall make no laws 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
In every era of the world, people have been oppressed. It is human nature to always want the most power, so naturally, people who are subjugated will rise up and want independence. These movements can range from a sit-in all the way to a war. Whether a group uses violence or peace, each can be an effective method of change. However, the use of peaceful protests, like those advocated by Ghandi, will most successfully achieve natural rights and independence.
Steven Sternberg Mrs. Burns English 1 CP 1 March, 2018 The Flag Protest “I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color” (Kaepernick, Colin). The flag protest has been a protest existing for a long time but, recently sparked lots of controversy. Although kneeling during the national anthem may seem disrespectful are often seen as a disrespect to the flag and troops, a inefficient way to promote a cause, and anger many people in shows division in the country, it can show that the ideals of freedom is justified, it generates conversation and awareness about topic, and is a legal form of peaceful protest.
Events like the Tiananmen Square protests, where hundreds of students were massacred while protesting show us how lucky we are to have this right. The ability to freely practice civil disobedience has lead to huge advancements towards racial equality, and it is part of the reason that the United States gained its independence. While the true act of civil disobedience can be corrupted or misinterpreted I think that it is one of the most important freedoms granted to the people of this
“Peaceful protest is often more powerful than violence”. When most people get angry, they act out aggressively. A lot people get very violent and say things they don’t mean to really say. This is where a lot of people mess up. I believe that talking to someone more peacefully during an argument will get you a lot farther than yelling at that person.
Peaceful Resistance no matter what way you look at it, it 's still going against someone whether it involves words or actions, resistance still causes more conflict. The last 5 years we have had people say they want change through these “peaceful protest” but these peaceful protests have done nothing but turn to violent riots were theirs damage to vehicles, business families rely on destroyed, bystanders hurt, officers killed and our country torn apart. Back when Martian Luther King Jr was around and he had his Peaceful Resistance or rallies for equality, they were peaceful and brought our country together with something that needed to be changed, but the protest we’ve had the last 5 years… he would be ashamed of. Peaceful Resistance to laws does negatively impact our free society in America. First going along with what I said about there being “peaceful rallies” even though some people may be at these rallies to make a difference to support their opinion, not everyone can respect that.
Picketing need not always be in the form of a protest and can also be done to persuade. In Hem Chandra Roy Chowdhury v. Kristo Chandra Saha, the court held that a rival hat owner is justified in inducing people by means of persuasion by picketing to attend his market or shop and to dissuade people from attending the market or shop of the rival owner because the act amounts to his expression of publicity. However, there have been certain cases like In Re V Vengan and Damodar v. State of Bombay , where picketing a shop on the ground of discrimination between races and dissuading intending customers from purchasing in that shop was held to be not warranted by Article 19(1)(a). Government employees and servants can also protest in the form of picketing or demonstration, but cannot go on a strike.
As human beings, we are all born with an entitlement of freedom of speech or synonymously known as freedom of expression as it is a basic human right. It is stated in the Federal Constitution and it is important for us human beings to protect our rights to freedom of speech and expression as it is the backbone for a democratic society. Having the right to express oneself freely without any restrictions is an essential part of what it means to be a free human being. Article 10 in the Federal Constitution states that; (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations.