Fifth Amendment Importance

Upon today’s society, an individual can lose their job at any given time for the way they speak in public or online when access to the Internet. Nonetheless, "The Bill of Rights" has a major impact throughout the way people live in society today. Every amendment in "The Bill of Rights" is important and has an effect on every citizen, however, I consider the First Amendment to be the most important. The First Amendment 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” (U.S. Constitution). Therefore, the First Amendment

is important, however, one’s right to their free speech is not absolutely protected. For example, one cannot threaten to kill the President of the United States is sought by the federal government to be a serious crime if committed under federal law. In addition, one’s free speech is limited while using any social media network, since all accounts are public, therefore, any post can be seen that could quickly go viral if shared. From the American Civil Liberties Union, it directly states in regards to one’s First Amendment rights,” You may criticize the President, the Congress, or the chief of police without fear of retaliation. But this right doesn't extend to libel, slander, obscenity, "true threats," or speech that incites imminent violence or law-breaking. If you grab a megaphone during a riot and yell "shoot the cop" or "loot the shop," you may reasonably expect trouble.” Nevertheless, one must be careful towards what they say today because their free speech is not as ultimately protected as one thinks whether it says in the First Amendment of "The Bill of Rights" or not.

Another important amendment of "The Bill of Rights" is the Second Amendment. The Second Amendment is the Right to Bear Arms. Every individual does have the Right to Bear Arms, however, can still affect a society. With the firearm access being more attainable, more families are accustomed to learning how to actually fire a firearm. If gun legislation is enforced, then it could affect a business depending where gun laws are placed in the United States.

Another important amendment of "The Bill of Rights" is the Fourth Amendment. The Fourth Amendment is the Protection from Unreasonable Searches and Seizures. From the National Center for Constitutional Studies, Amendment 4 states,” 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 is the amendment that allows an individual to not allow a police officer to search a car, home, or business without a warrant.

Finally, the last important amendment of "The Bill of Rights" to discuss is the Fifth Amendment.

The Fifth Amendment is the Protection of Rights to Life, Liberty, and Property. From the National Center for Constitutional Studies, Amendment 5 states,” No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.” For instance, the rights of due process surrounded the case of Nickerson v. Stonebridge Life Company. According to an article entitled,” Punitive Damages Over 10:1 Violates Due Process” reports that,” The sole issue raised by both parties concerned the punitive damage award, specifically, whether the trial court’s remittitur of that award from $19 million to $350,000 based on a ratio of punitive to compensatory damages of 10:1 comports with due process. The trial court ruled that a policy provision limiting coverage was not conspicuous, plain, and clear and was therefore unenforceable, entitling Nickerson to $31,500 in additional benefits under the policy. A jury then found that Stonebridge had breached the implied covenant of good faith and fair dealing and awarded Nickerson $35,000 in compensatory damages for emotional distress. The jury found Stonebridge acted with fraud and fixed the punitive damage award at $19 million. The trial court conditionally granted Stonebridge’s new trial motion unless Nickerson consented to a reduction of the punitive damages to $350,000. Both parties appeal” (Zalma). Justice Crosky conducted his own new trial

and found that there was no substantial evidence to support the jury’s finding of fraud. Therefore, Stonebridge is entitled to a judgment that awards no punitive damages.