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The first amendment analysis
Argument of the first amendment
Argument of the first amendment
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The first amendment is being abused by more people now than ever before. People like to shout, “First Amendment” when they find themselves in a controversial situation because of certain things they wrote or spoke about. People are being less responsible for their actions and are blaming the constitution for their slip-ups. In “Free-Speech Follies” by Stanley Fish, Fish addresses the First Amendment issue. Fish claims that people use the First Amendment to try to get themselves out of trouble or criticism and that they need to start being responsible for their actions and need to start having a sense of judgment. Fish uses various examples that support claims. He puts the Daily Illini, a college student newspaper” to shame as they try to use …show more content…
They specifically said, “"we are committed to giving all people a voice"; second, that, given this commitment, "we print the opinions of others with whom we do not agree"; third, that to do otherwise would involve the newspaper in the dangerous acts of "silencing" and "self-censorship"; and, fourth, that "what is hate speech to one member of a society is free speech to another."” Fish said that their four claims were wrong. It goes to show that the newspaper editors are not being responsible and have a bad sense judgment. They need to start having self-censorship and need to stop being biased on the articles they choose to put up in their newspapers. It is clear that they are being biased otherwise they would give the KKK, advocates of slavery, and other groups “the voice” as Fish
In the majority opinion, Justice White wrote “Educators did not offend the First Amendment by exercising editorial control over the content of student speech so long as their actions were” The court also noted that the paper was a sponsored newspaper by the school which was not intended to be seen by the public, but rather for journalism students to write articles based off of the requirements for journalism 2 class, and all subjects must be appropriate for the school and all its
In Garrett Epps's article "Free Speech Isn't Free," he discusses the United States law involving freedom of speech. One of the major points addressed is that it's not necessarily free because it has the ability to harm other people emotionally. Also, the way it's done in America isn't the only way to go about it. Epps introduces the idea of the law being in place so that people will have verbal disputes instead of immediately resorting to physical violence. Epps begins his personal argument with the insinuation he was going to evaluate both the positive and negative aspects of free speech equally. However, he ultimately uses the all of the data provided to present free speech as a trivial tool used the American public. It allows them to emotionally
According to the Webster-dictionary The First Amendment is an amendment to the Constitution of the United States guaranteeing the right of free expression; includes freedom of assembly and freedom of the press and freedom of religion and freedom of speech. Since the first Amendment was written by our founding fathers and is part of our constitution it should never be violated. Being able to say and express what one thinks without been afraid of going to jail. In the essays “First Amendment Junkie” by Susan Jacoby and “Let’s Put Pornography back in the closet” by Susan Brownmiller both writes about the First Amendment is when one can express them. Jacoby and Brownmiller both write about pornography and the first amendment using pathos and ethos in their writing. However, Jacoby’s essay is more reliable because she uses ethos to provide credible resources, as well as use pathos to appeal to her credibility.
One key to the first amendment of the United states constitution is the right to free speech. Freedom of speech is what separates America than other countries around the world that forbid freedom of speech rights. Freedom of speech has been in our constitution since the year 1791. When James Madison “the father of the constitution” wrote the bill of rights he saw potential and that it would make the country more freedom filled than other countries. The land of the free is what the United States is nicknamed and it 's because of our rights to express ourselves as freely as we desire.
In the essays, “In Defense of Prejudice: Why Incendiary Speech Must Be Protected” by Jonathan Rauch and “The Debate over Placing Limits on Racist Speech Must Not Ignore the Damage It Does to Its Victims” by Charles R. Lawrence III, the writers express their beliefs on the topic of freedom of speech and prejudice speech; particularly racist. As far as any benefits of prejudice speech go, the two writers thoroughly disagree. Lawrence believes that there are no benefits of prejudice speech and it should not be included in what America’s “freedom of speech” entails, because of its effect on minorities as he writes, “Whenever we decide that racist speech must be tolerated because of the importance of maintaining societal tolerance for all unpopular speech, we are asking blacks and other subordinated groups to bear the burden for the good of all” (Lawrence 624.) Rauch disagrees as he suggests, “…the realistic question is how to make the best of prejudice, not how to eradicate it” (Rauch 1) as he thinks prejudice has benefits that effect not only our freedom of speech in general, but other things such as science and our ability “to challenge orthodoxy, think imaginatively, [and] experiment boldly” (Rauch 2.) Although the two writers disagree on the benefits, they do agree on some negative connotations of prejudice speech. Lawrence believes that there is real harm that can be inflicted upon a person when a victim of prejudice speech, of which is “…far from trivial” (Lawrence 623.) Rauch similarly agrees as he views the prejudice speech to be effecting to the inner body and the soul as he notes, “All of these things are noted preverbally and assessed by the gut” and that “The fear engendered by these words is real” (Rauch 6.) However, Rauc...
For more than 200 years, the First Amendment has been at the heart of United States’ history and most successful research in liberty. The history of America’s nation is the story of the constant struggle to extend the promise of freedom more fully and fairly to each and every citizen. By looking freedom of speech, democratic government is not that important to have it without these rights. People prefer democracy to avoid tyranny or suppression of others. The citizens of the United States need to protect these rights because they are fundamental to the human being to be free, have liberty. What Founding Fathers did is not enough, however, United States’ citizens has to work together for a better place, a better country, a better government.
The first amendment ensures us the freedom of speech. The people of this country use that to voice their opinion on issues in our society. What the average citizen doesn’t know is that their first amendment can be revoked in terms of time, place, and the manner they are exercising it. Recently there have been many protests following homicides of black males by the hands of law enforcement. We’ve seen across the country where an officer involved shooting results in violence among the community.
The first official protest was held in May 1960 in the San Francisco Hall. The protest was held whilst a meeting for the House of Un-American Committee (HUAC) was taking place. It was a stand against US oppression of political freedom, and with the work of HUAC hitting close to him – a Berkeley student had been subpoenaed, the students were ready to make their opposition heard.
When the individual gets attacked verbally because of their controversial statements, they claim that they had the right to speak their mind no matter how disturbing their words were. They use the First Amendment as a cover for their wrong-doings, and that is never okay. They need to be educated on what they can and cannot say. Just because the First Amendment guarantees a person the freedom of speech, does not mean that they are entitled to say whatever they please. The article “Freedom of Speech” explains if an individual were to use “fighting words” then they are automatically not covered under their First Amendment. The Supreme Court decided in the case Chaplinsky v. New Hampshire that “fighting words” were not constitutional, so they would not be protected under the First Amendment (2). Many people misunderstand that much of their opinions that they speak consists of words that are unclear. More than half of the time the words they use in their statements are considered to be fighting words, for they are rude and ignorant. There is no need for the obscene words that they use to be protected under the First Amendment. They must become aware of their lack of knowledge for what “fighting words” are; furthermore, they
The first amendment is the cornerstone of our American society founded years ago by our forefathers. Without the first amendment many ideas, beliefs, and groups could not exist today. The first amendment guaranteed the people of the United States the freedom of speech, freedom of the press, and freedom of religion, freedom of assembly, and freedom of petition. Although the first amendment guarantees us, Americans the freedom of speech, we cannot use it to cause others harm. This amendment has helped shaped Americans into what we are today, because of our right to assemble, speak freely, and worship as we please.
The fundamental purpose of the first amendment was to guarantee the maintenance of an effective system of free speech and expression. This calls for an examination of the various elements which are necessary to support such a system in a modem democratic society. Some of these elements found early articulation in the classic theory of free expression, as it developed over the course of centuries; others are the outgrowth of contemporary conditions. More specifically, it is necessary to analyze what it is that the first amendment attempts to maintain: the function of freedom of expression in a democratic society; what the practical difficulties are in maintaining such a system: the dynamic forces at work in any governmental attempt to restrict or regulate expression; and the role of law and legal institutions in developing and supporting freedom of expression. These three elements are the basic components of any comprehensive theory of the first amendment viewed as a guarantee of a system of free expression.
The Free Speech Movement protested the ban of on campus political activities and speeches. Thousands of students became involved in this protest and together they displayed how much power there was in student activism. In the fall of 1964, the Regents of the university enforced a new ban that blocked students from holding political activities at Sproul Plaza on Bancroft and Telegraph. This was unsettling to them because the Bancroft Strip was a key location that students occupied when trying to reach out, raise funds and speak up for what they believed in. Previous policies suggested that student life outside of the university wouldn't be tampered or interfered with, so this was an outrage to the students of UC Berkeley. When the regents took time to revise and tweak the ban, students were still unhappy with the decision, so a sit in at Sproul Hall was organized and it lasted for nearly 10 hours.
"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 to the Constitution. The First Amendment “protects five of the most basic liberties which include the freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government to right wrong” (Silberdick Feinberg, 2015). Without the First Amendment then there wouldn’t of been full ratification and acceptance of new government. The interesting thing of the First Amendment is that it protects our ability to speak freely and openly however it doesn’t establish protection from the repercussions. Employers are able to exercise their restrictions on free speech and terminate their employees based on something they might state in the workplace. Employers have even exercised their right to terminate an employee something he/she expressed publically in their personal time. Business representatives, sports figures and celebrities have been denied work and or let go due to speaking their thoughts
"What is at stake here it the right to read and be exposed to controversial, thoughts and language. The most effective antidote to the poison of mindless orthodoxy is ready access to a broad sweep of ideas and philosophies. There is no danger in such exposure. The danger is mind control especially when that control is exercised by a few over the majority" (qtd. in Hunt
Our textbook clearly says that, “everyone has the right to an opinion – even if it is a horrible opinion. We can punish criminal behavior. We should never punish people for simply expressing their views.” The First Amendment made it possible for people to voice their opinion whether it be hurtful or not.