Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Significance of freedom of speech and expression
Significance of freedom of speech and expression
Significance of freedom of speech and expression
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Significance of freedom of speech and expression
Democracy is a political system in which it restricts the government and enlarges the people, this also expands the power of the citizens. The purpose of this paper is to evaluate the impact that the Bill of Rights has had on advancing democracy in the United States. The Bill of Rights is a collection of the first ten amendments of the United States constitution that are used to protect our civil rights and liberties. According to Goldstein (1988) "Beginning with the words "Congress shall make no law ...," these amendments limited only the power of the federal (not the state) governments." But there are many cases that overthrow this believing The first amendment "Congress shall make no law respecting an establishment of religion, or prohibiting …show more content…
However there are limitations to expressing your opinions, in the case of "Morse v. Frederick" an Alaska high school student has a banner that said "Bong Hits 4 Jesus". Not only did the school principal immediately rushed over to the student and took away the banner, but also gave the student a 10 day suspension. As a result the student challenge his suspension, with the thought that the principle has violated his rights from the First Amendment and failed. According to Russo (2007) "the principal and the school board on that grounds that they did not violate the student'/s constitutional rights and that, if they did, they were qualified immunity that protected them from liability."(p.247). The principal was qualified for this because the students was promoting the use of illegal drugs. Therefore, you have the right to express your opinion as long as it does not go against the law, as proved before. The way that the first amendment advances democracy is because it lets people express themselves and that begin said the government does not tell the people what to believe in, the people …show more content…
As a result many Americans were asked to let soldiers to stay in their houses. It was implemented because it was to be violating the citizens privacy and in many cases the owners were kicked out of their own houses. The fourth amendment connects with the third amendment, since both have to do with the right to privacy. The fourth amendments says "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." This also means that a police officer or investigators cannot go through a person's belongs without their authority or a warrant. Like in the case of "Griswold v. Connecticut" the Executive Director of Planned Parenthood League went through the list of appointments and realized that they were using illegal birth control pills. According to Institute(2016) " the Court concluded that privacy within marriage was a personal zone off limits to the government." This proves how it the bill
The American Civil War had a very profound effect upon the American Constitution and upon American constitutionalism generally. The Civil war had indeed been fought over a question of states’ rights, among other things, and the states’ rights interpretation had actually lost and was, to a degree, a casualty of the wartime period. Further, that casualty was swiftly hammered into its coffin by three amendments which were enacted in 1865, 1868 and 1870 – the Thirteenth, Fourteenth and Fifteenth Amendments. The Fourteenth Amendment ultimately became the heart and soul of the modern American Constitution. Most of the legal battle’s surrounding the United States Bill of Rights have been to make it a truly national document – such that states may not violate its provisions. The Fourteenth Amendment finally made this possible.
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...
After the American Revolution, America had earned it’s freedom from Britain. In order to govern this new country the Articles of Confederation was created. This document was flawed by the colonists fear of putting too much power into a central government. Knowing the document needed to be fixed a constitutional convention was called. The document created at this convention has been our constitution ever since. But even the Constitution was meet with criticism. One major concern when writing the constitution was how to protect the citizens rights. The Constitution did this through the preamble, the legislative process, the limit of presidential terms, the judicial branch, and the bill of rights.
Friedman, L. S. (2010). What Is the State of Civil Liberties in the United States?. Civil liberties (pp. 11-49). Farmington Hills, MI: Greenhaven Press.
The Free Exercise Clause of the First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. Meaning, Congress cannot forbid or ban the exercises or beliefs of any religion. However, the government can in fact interfere with religions practices. This means that the government cannot prohibit the beliefs of any religion, but can intervene in certain practices.
The first Amendment of the United States Constitution says; “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.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
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.
On the other hand, students have the right to speak out for what they believe in without having any interference; they have the right to voice their opinion. This protection is all due to the first amendment protection. The first amendment protects the students and also the teachers’ freedom of speech, that includes during and out of school. With the protection of the first amendment no person is able to violate your right to freedom of speech. Any pers...
“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” (U.S. Constitution).
According to the Tenth Amendment in the Bill of Rights: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Though last in the Bill of Rights, it is one of the most powerful and ever changing in interpretation over the course of America’s history. Some historical events that altered its meaning include the Civil War, The Civil Right’s Movement, and even modern event’s like the Supreme Court ruling on gay marriage. In this paper I will discuss how the Tenth amendment has a large effect in both America’s history, but also how it is now portrayed America’s present.
When the Second Constitutional Convention wrote the Constitution in 1787, there was a controversy between the federalists and the anti-federalists surrounding whether or not to have a Bill of Rights. The anti-federalists claimed that a bill of rights was needed that listed the guaranteed rights that the government could never take away from a person i.e. “inalienable rights.” A Bill of Rights was eventually deemed necessary, and has worked for over 210 years. There are many reasons why the ten amendments are still valid to this day, and the best examples are the First Amendment, concerning the freedom of religion, the Fifth Amendment, and the Sixth Amendment.
[4] Hickok, Eugene Jr., ed. The Bill of Rights: Original Meaning and Current Understanding. Virginia: University Press of Virginia, 1991
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. (First Amendment, Bill of Rights)
There have been many cases where exceptions have been made over the first amendment, such as in the Tinker vs. Des Moines Community School District Case. Teenagers by the name of Christopher Eckhardt and Mary Beth Tinker had planned to wear black armbands to their school to show their support for a truce in the Vietnam War. When word reached the principle, of Christopher and Mary Beth’s plan to arrive with the black armbands, the principal created a policy stating that, “any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension.” (The Oyez Project). After being kicked out of school, Tinker’s parents sued them but their case was dismissed due to the fact that the first amendment does not grant one the right to express their opinion at any place nor at any time. Another official claimed that the first amendment is not fully guaranteed to children. While the first amendment may be a boon to the United States, it is not always just. There are limitations, and conditions surrounding the first amendment and our freedom of speech. In Tinker’s case, her armband was seen as disruptive, and distracting to other students, justifying the school’s actions against the student of suspending and eventually expelling
In the United States, the Bill of Rights is the name by which the first ten amendments to the U. S. Constitution are known. It was introduced by James Madison to the First U.S. Congress in 1791 as a series of constitutional amendments. The Bill of Rights came into effect on December 15, 1791 when about three fourths of the states were ratified. The bill of rights limits the power of the Federal government of the United States so it is protecting the rights of all of the citizens, residents and visitors on the United States territory.