The articles "Freedom of Speech: Missouri Knights of the Ku Klux Klan v. Kansas City" and "Freedom of Religion: Lyng v. Northwest Indian Cemetery Protective Association" both engage in conflicts pertaining to the First Amendment in the Bill of Rights.
"Freedom of Speech: Missouri Knights of the Ku Klux Klan v. Kansas City" is an article about the KKK's attempt to spread their beliefs through a public access cable television channel. Dennis Mahon and Allan Moran, both of the KKK, asked to be broadcasted on air in 1987, and the whole situation led to a major problem. The KKK is known for its killings, prejudice, and cross burnings, and they wanted to be shown on television to further spread their message. The First Amendment states the right to the freedom of speech, but many of the community members had a problem with the whole situation. People with race relations, local leaders, and members of the cable company did not want to grant the KKK the right to appear on air. Black ministers and important politicians were not happy with the KKK's request to voice their opinions. The KKK complied with all of the rules that were presented by the cable company, even when they were told to create a locally produced show and receive training in video production. They happily obeyed the regulations and didn't cause additional problems to what they were soon to face. The cable company studio was located in a neighborhood that was 95% black, and violence was a major concern for the cable company. Many of those people threatened to drop their cable subscriptions if the K...
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"Freedom of Religion: Lyng v. Northwest Indian Cemetery Protective Association" provided a great example dealing with the freedom of religion. The Indians had been living on that land for hundreds of years, yet were denied their attempts to declare the area as a sacred area to prevent building on the lands. In the end it was a bittersweet victory for the Indians because the G-O Road was ordered to remain uncompleted because of the environment and not because it was a sacred territory for Indians. I believe that the Indians should have won the case in the Supreme Court because they were protected by the First Amendment. The case shouldn't have lasted as long as it did.
This example of a Supreme Court case shows that the court is not above politics. Even though most Americans, including government officials, practiced some form of Christianity, the judges were not willing to compromise the information in the Constitution for the popular beliefs of individuals. I agree with the Supreme Court in its decision to ban the practice of prayer in public schools. Not only does it violate the Constitution, but it encroaches on our freedom of thought and action. Being excluded from a public classroom because of personal beliefs does not sound just.
“Freedom of expression, willful promotion of hatred and the charter of civil rights and freedoms: R.v. Keegstra.” Ontario justice education network. N.p., n.d. Web. 31 Mar. 2014. .
The 1920s were a time of change for the United States. Following the First World War there was a rush of new cultural, social, and artistic dynamism, partly fuelled by the Progressivism movement that was cut short when American entered the Great War. This decade was defined by a change from more rural farm life to industrialism in big cities. The shift from the frugality and traditional family values or previous generations to the happy-go-lucky consumerism and metropolitan life occurred more rapidly than any other social shift in living memory. These swiftly changing tides caused cultural clashes and confrontations throughout the decade as America struggled to define for itself a fresh national identity in the wake of its new position as a world power.
Is the upholding of the American flag as a symbol of the United States more important than the freedom of speech provided by the First Amendment? Are there certain freedoms of expression that are not protected under the First Amendment and if so what qualifies as freedom of speech and expression and what does not? The Supreme Court case of Texas v. Johnson proves that the First Amendment and the freedom of speech are not limited to that of spoken and written word, but also extended to symbolic speech as well. Texas v. Johnson is a case in which the interpretation of the First Amendment rights is at the top of the argument. This case discusses the issue of flag burning as a desecration of national unity and that the flag of the United States should be protected under a law. Texas v. Johnson expanded the rights of symbolic speech and freedom of expression under the First Amendment and was presented as a precedence for future cases along with influencing the final decision on the revision of
The First Amendment of the United States gives citizens the five main rights to freedom. Freedom of speech is one of the rights. If people did not have the freedom of speech there would be no way of expressing one’s self and no way to show individuality between beliefs. This Amendment becomes one of the issues in the Tinker v. Des Moines Independent Community School District Supreme Court case that happened in December of 1969. In the case of Tinker v. Des Moines there were five students that got suspended for wearing armbands to protest the Government’s policy in Vietnam. Wearing these armbands was letting the students express their beliefs peacefully. Many people would consider that the school did not have the authority to suspend these petitioners because of the First and Fourteenth Amendments of the United States Constitution.
The Ku Klux Klan has since fallen out of favor, in this modern day and age the Ku Klux Klan is affiliated with backwards “rednecks” who do not know any better. After the Civil Rights years government quickly intervened in Ku Klux Klan affairs, and quickly quieted the group. The Progressive Era Ku Klux Klan was popular, because much of the population shared the same ideologies as the Klan , not as extreme, but still shared some of the qualities of the Klansmen. The Ku Klux Klan’s rise in popularity in the early 1900’s is a reminder of the strong Nativist lifestyle and mindset of Americans in those times.
Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults who were acting in privacy.
The Ku Klux Klan is classified as a hate group who in their three summits in history forced blacks and other ethnic groups to live in fear that they did not deserve.
The Amendment I of the Bill of Rights is often called “the freedom of speech.” It provides a multitude of freedoms: of religion, of speech, of the press, to peacefully assemble, to petition the government. Religious freedom is vitally important to this day because it eliminates the problem of religious conflicts. Historically, many people died for their beliefs because their government only allowed and permitted one religion. T...
Throughout history, America has faced disagreements that led to various complications, one of them being religious freedom. Americans claimed to have always supported religious freedom and that the First Amendment backed that up. However, according to David Sehat, this was only a myth. The myth he argued that there was a moral establishment that constrained religious liberty, therefore American religious freedom was only a myth. Sehat overstated this claim because there have been many historic measures that have shown American religious liberty, such as the Second Great Awakening, the emergence of new religious movements, and religious liberty court cases.
Notable First Amendment Court Cases: Evans v. Selma Union High School of Fresno County American Library Association, 1924. April
The incorporation of the 14th Amendment in regards to Civil Liberties is one of the longest and most important constitutional debates of all time. Though the 14th Amendment was adopted in 1868, the Supreme Court rendered their first interpretation of its scope five years later. The Court supported the Privileges and Immunities Clause by a narrow 5-4 vote. This clause was later thought to be the regular basis of enforcing individual citizen’s rights and civil liberties. The development in understanding and the provision for protection of one such liberty, freedom of religion, has changed throughout the history of the United States. Evidence of this can be seen not only in the role government has played but also through several court cases.
To open this discussion, I would like to start with the civil liberty of freedom of religion. This liberty was identified in my original Constitution essay through the mentioning of the separation of church and state clause. The reason for my including of this liberty, and my stressing of its importance, is that I feel that the government interprets this liberty in a one sided fashion because of the incorrect interpretation of the already in place separation of church and state clause. I also include it because I believe that recently the attacks upon religion have metastasized and tha...
Notable First Amendment court cases. (n.d.). American Library Association. Retrieved April 20, 2011, from www.ala.org/ala/aboutala/offices/
A series of cases will be presented in this paper to provide a clear idea of the First Amendment. Cases that have cause an impact in society and have changed or modify a law.