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Analysis of the first amendment
Analysis 1st amendment
First amendment analysis
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The Village of Skokie v. National Socialist Party of America The National Socialist Party, a Nazi group lead by Frank Collin, proposed a march, in full uniform, to be held on May 1, 1977 through the Village of Skokie near Chicago, Illinois. Skokie was the home of thousands of Jewish Holocaust survivors. Shocked by the announcement, the survivors rose in protest against the march (Downs book cover flap). The controversial march that was planned to take place right in the middle of town would clearly have caused problems. If trouble was pretty much guaranteed in Skokie on the day of the march, then should the US Supreme Court have let the Nazis keep their plan to march through Skokie? The proposed Nazi march in the Village of Skokie …show more content…
There are limitations to the First Amendment because every person interprets the rights differently. The Nazis most likely assumed that it was all right to hate people and say it in public, but the Jewish people disagreed, believing that hatred is unacceptable. Where is the line drawn when it comes to people being able to speak their minds? Justice Murphy, a member of the Supreme Court in 1942, had a say on what is considered allowable under the First Amendment and what crosses the line, and he …show more content…
This realization brought back a terror here we are again, in the same position (Downs 1). The debate was whether the Nazis had rights. The Jews felt that the Nazi march inflicted mental trauma, triggering painful memories (Downs 93). The Skokie Jews felt that the Nazis should not be protected by the First Amendment and stated, "Defenders of free speech who retain their good sense will realize the Nazis, saying what they say in the way they say it, do exceed reasonable limits" (Bartlett 139). The Jewish citizens of Skokie had strong feelings on why the Nazi gang should be prohibited to come anywhere near their town in uniform and with swastikas. In their opinion, the entire idea of the Nazi's march, which symbolized hatred and murder of millions of Jews, had crossed the line of the First Amendment. The Jews believed that this event would not be a peaceful assembly, and they could not expect Skokie citizens to stay calm with all the past events that they remembered from the horrifying
In the Tinker v. Des Moines case, the students’ first amendment right was violated. They were not able to express their opinions freely. The first Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise of thereof; or abridging the freedom of speech, or the right of press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances,” (Classifying Arguments in the Cas...
Most narratives out of the Holocaust from the Nazis point of view are stories of soldiers or citizens who were forced to partake in the mass killings of the Jewish citizens. Theses people claim to have had no choice and potentially feared for their own lives if they did not follow orders. Neighbors, The Destruction of the Jewish Community in Jedwabne, Poland, by Jan T. Gross, shows a different account of people through their free will and motivations to kill their fellow Jewish Neighbors. Through Gross’s research, he discovers a complex account of a mass murder of roughly 1,600 Jews living in the town of Jedwabne Poland in 1941. What is captivating about this particular event was these Jews were murdered by friends, coworkers, and neighbors who lived in the same town of Jedwabne. Gross attempts to explain what motivated these neighbors to murder their fellow citizens of Jedwabne and how it was possible for them to move on with their lives like it had never happened.
World War II was a grave event in the twentieth century that affected millions. Two main concepts World War II is remembered for are the concentration camps and the marches. These marches and camps were deadly to many yet powerful to others. However, to most citizens near camps or marches, they were insignificant and often ignored. In The Book Thief, author Markus Zusak introduces marches and camps similar to Dachau to demonstrate how citizens of nearby communities were oblivious to the suffering in those camps during the Holocaust.
The logical consequence of the application of the Stromberg case ruling to the Terminiello case was the reversal of the conviction. The Supreme Court did not challenge the constitutionality of the Chicago ordinance, but stated that in this case, free speech can not be denied to anyone even if such speech is considered to be provocative and unpopular in nature. The specifics of the Terminiello conviction were not explicit and, therefore, impenetrable by the inquiries of the Supreme Court. Without exact articulation of the conviction the Court could not dissect the verdict into parts that were applicable to Terminiello's charge and conviction.
At that time director-general Peter Stuyvesant wanted to keep the Jews out of his diverse town. Stuyvesant described the Jews as “deceitful, very repugnant” and “hateful enemies and blasphemers of the name of Christ” which led to most of the original group leaving (Stavans, 2005, p. 2). This reaction to Jews has been a common occurrence throughout history, both in the United States and abroad. Stuyvesant, seeing the economic growth the Jews brought with them, eventually allowed them to stay and eventually embraced their intellectual stamina (Stavans, 2005, p. 2).
... the disbelief of the inhumane actions of the Nazis. Today, some people do not believe that the Holocaust ever happened. Society should accept the fact that the Holocaust happened and prevent it from happening in the future. By focusing on the traits that led to the Holocaust and society must prevent it from happening again. Poland’s tragedy claims to be a small proportion of the total number of people killed during the entire Holocaust. If the society decides not to survey for the trait, the Holocaust can always stir up again.
Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press”. Although this amendment gave people the right express thier opinions, it still rests in one’s own hands as how far they will go to exercise that right of freedom of speech.
In the first amendment, it is stated that all people have the Freedom of speech, religion,
Nazi march. The most vulnerable people will pave the road for the speech laws. Ku Klux Klan marches are protected as well as civil rights, Gay and Lesbian marches. There are many ways to interpret the First Amendment, but as long as one used good sense and can justify ones’ actions then there would be fewer conflicts. Protest and fight back only when necessary and not when someone offends someone for petty little criticisms.
Many hate groups in the United States use the first amendment as a shield to protect themselves from the law, they are bad examples to our following generations because they are trying to recruit more members and change their way of think, these hate groups also commit a lot of crimes against those people that they think are different. That is why in the United States, many Americans are against all of the hate groups and they think that these hate groups should not be allow to exist. We all know that if the U.S. Government decide to ban them, they may be inn silent for many years, but we can count on the fact that they are there. They are “The Invisible Empire” and will always be the dark side to American History.
Constitutionally, the case at first appears to be a rather one-sided violation of the First Amendment as incorporated through the Fourteenth. The court, however, was of a different opinion: "...
When the infamous Hitler began his reign in Germany in 1933, 530,000 Jews were settled in his land. In a matter of years the amount of Jews greatly decreased. After World War II, only 15,000 Jews remained. This small population of Jews was a result of inhumane killings and also the fleeing of Jews to surrounding nations for refuge. After the war, emaciated concentration camp inmates and slave laborers turned up in their previous homes.1 Those who had survived had escaped death from epidemics, starvation, sadistic camp guards, and mass murder plants. Others withstood racial persecution while hiding underground or living illegally under assumed identities and were now free to come forth. Among all the survivors, most wished not to return to Germany because the memories were too strong. Also, some become loyal to the new country they had entered. Others feared the Nazis would rise again to power, or that they would not be treated as an equal in their own land. There were a few, though, who felt a duty to return to their home land, Germany, to find closure and to face the reality of the recent years. 2 They felt they could not run anymore. Those survivors wanted to rejoin their national community, and show others who had persecuted them that they could succeed.
This investigation is centered on the question “To what extent did racism and anti-Semitism affect the court case of The People V Leo Frank?” The essay focuses on the effect of racism and anti-Semitism against Leo Frank, a Jew from Brooklyn, during and after the trial where he was found guilty. It discusses these forms of racism and anti-Semitism in context of the time period of the court case, from 1913 to 1915. The paper discusses the portrayal of the court case in the papers as well as the public view and their actions, such as the lynching of Leo Frank without any repercussions or charges. The sources used in this investigation were newspapers from this time, court records, as well as other information found in the 1913 Leo Frank Case and Trial Research library as well as in academic Journals. The investigation also references An Unspeakable Crime by Elaine Marie Alphin.
Hate speech, According to American Bar Association is "that offends, threatens, or insults groups, based on race, religion, national origin, sexual orientation, disability, other traits (American).” Hate speech can include “insulting nouns for racial groups, degrading caricatures, a threat of violence, and literature portraying individual as animal-like. There has been long debate whether to protect hate speech in the United States. The hate speech has been protected because it been fundament principle of the constitution. The some part of speech are regulated by the government usually are fighting words which are motivated to
Libel and slander, this means false allegations that are published or spoken can be grounds for a lawsuit. Meaning one person can not threaten another persons life and get away with it because of the first amendment. Other examples of things that you are not free to say are obscenity and anything that incites to imminent lawless violence.