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Recommended: The importance of the first amendment
The 1st Amendment application is extremely important in these situations in that it allows the government to stop and halt speech that could be extremely detrimental to the security of the United States or its people, which, in today’s world, could prove vital very soon. The 1st amendment has obviously played a very large role in the history of the United States; by applying it to a host of different court cases, the government has been able to establish precedent and consistency (for the most part) regarding various situations that involve the free speech component of the 1st Amendment. Today, there is an abundance of issues regarding free speech, some still looking for an answer, others already having been established based on earlier rulings …show more content…
In certain situations, it is very clear as to what constitutes being acceptable speech on social media, and what does not. In such cases as United States v. Elonis, speech made over the internet meant to incite a serious threat, or be taken as a serious threat, is not protected as free speech. What happens however, when speech online is not threatening in nature, but runs along the lines of limiting individuals like sex offenders access to social media platforms? In February of 2017, the Supreme Court reviewed an argument made for North Carolina to be allowed to bar registered sex offenders form accessing various social media platforms such as Facebook and Twitter. North Carolina’s largest argument is that this law banning sex offenders from social media is for the protection of minors, not the limiting of expression. Due to the nature with which social has developed as a part of American society, the question that arises is the constitutionality of preventing an individual from so much information that is available. Justices Kagan and Ginsburg don’t seem to think so, as both of them feel that these sorts of limitations and restrictions severely hamper an individual’s ability to function within society. This is an important issues in that it will establish a precedent for the country. If the Supreme Court rules in favor of North Carolina, then whole integrity …show more content…
With 2016 seeing one of the most unexpected presidential campaigns in American history, there was bound to be upset individuals on either side of the political spectrum. Once the election was over, and Donald Trump confirmed as the President-Elect, a large majority of the American population rioted. While some of these riots were out of hand and did not fall under 1st Amendment protection, the majority of the population simply took to insulting Trump online. From the language of the Constitution, the people have the right to freedom of political speech, the right to assemble, and the right to announce their grievances and redresses regarding the government, and there is very little preventing them from doing so vice the small amount of exceptions. Every moment someone posts or says something nasty about Trump on Twitter, Facebook, television, etc, they are exercising their 1st Amendment right. It is a rare occurrence now for someone to be jailed for speaking out against the government. This right does not extend solely to comments made about candidates either; the 1st Amendment is very much relevant in that every campaign cycle, individuals are able to donate and support any candidate they please. Within the political spectrum, the 1st Amendment is very relevant; the people have the right to support who they
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.
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.
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.
are expected to tell the truth, even if that truth was to put you in
Based on the First Amendment, the government may not exercise any activities that interference freedom of speech of an individual. For Americans, freedom of speech is clearly become the most basic freedom. Everyone has always thinks freedom of speech is a basic right that everyone automatically has when they were born; on the other hand, freedom of speech is experiencing serious growing pains.
What does freedom really mean? Many people today are aware that they have a right to freedom, but do not know what that really means. Religion, speech, press, assembly and petition are the five freedoms that the First Amendment specifically speaks about. Let’s take a look at the definition of each of the five freedoms, what the government says about our freedom, how it is acted out and portrayed in America, and a few case studies involving the different aspects of the First Amendment.
The First Amendment to the U.S. Constitution guarantees citizens freedom of religion, speech, writing and publishing, peaceful assembly, and the freedom to raise protests with the Government. Without the First Amendment, protesters could be harmed or jailed, minorities may be mistreated, a nationwide religion may be enforced, and citizens would not be able to voice their opinions on what the government is doing. However, even though the first amendment grants freedom to people’s choices, it is yet limited.
The first amendment is the one that defends the liberty of speech. “Because democracy depends on an open political process and politics is basically talk, freedom of speech and freedom of the press are considered critical,” (pg. 119). It is defended, but freedom of all speech is not guaranteed. The United States Supreme Court has identified many categories of speech that are eliminated from the freedom. It has also acknowledged that government may implement limits of speech. Examples of prohibited speech are to make or allocate material that is indecent, to encourage potentially harmful action, to allow students to print out articles that would dissent the administration in a school newspaper, and for students to promote the illegal use of
The First Amendment prohibits Congress from implementing laws which bar freedom of speech and press. This vital piece of the U.S. Constitution helped build one of the more forward thinking nations of today. America is a melting pot of eclectic cultures, but rights and privilege do not always equal respect. Every citizen is protected by constitutional law, but the Supreme Court must decipher free speech from hate speech as the latter is unlawful. The end goal of any regulation is to maintain order without sacrificing anyone’s personal dignity, but implementation requires action in addition to written word.
For example, in private schools, when such an incident occurs on their campuses the policies are very different. In private institutions, the 1st, 4th, 5th amendments do not apply to these school’s strict guidelines. However, these schools are obligated to adhere to the terms of the contracts between them, the parents and the students (Aftab, 2011). Due to these terms, the school have an advantage in the way they can respond to these circumstances. A lot of people go to rally for these very rights, soldiers die for these rights and now you have young adults abusing these rights to bully other people on social media. When it comes to social applications like Facebook and twitter, it should be taken into consideration that words are a powerful tool and if used carelessly can cause severe psychological issues (Alexander, 2012). With that said, hate crimes are illegal period. Yet, hate speech is not. Even though hate speech can eventually manifest itself into a hate
The first amendment guarantees many freedoms and rights for people in America. Sometimes we can take advantage of these freedoms because we don’t know what life would be like without them. These consist of the freedoms of speech, press, religion, petition, and assembly.
The right of freedom of speech in the first Amendment is really interesting because even that people who liberty to say anything what they want, but it is still in limitation; for example, they cannot use fighting words, and incitement to imminent violent action, such as threats to kill an
The First Amendment gives the citizens of the United States of America the right to freely speak and express themselves. To be free in
This right is guaranteed by the first amendment in the constitution. As technology has advanced and times have changed, some grey areas have arisen in the first amendment with what can be posted on the internet; such as Facebook, Twitter, and other forms of social media. Some people believe that what can be posted on the internet and should be censored because it stays there forever and has ruined people’s lives before. Others, such as the ACLU, believe that the freedom of speech should apply to the internet and should not be impeded. The government already restricts speech with certain limitations. Common limitations relate to libel, and obscenity. Libel is defined as a false statement that is damaging to a person’s reputation. Obscenity is something that is very hard to define. It can be characterized as anything that is offensive; whether it be in words or in actions. The only reason the government can make these restrictions is because of the “harm principle”. The harm principle is the belief that no one should prevented from acting any way unless it their acts are invasive on the acts of others. It also depends on whether they influence a third party’s opinions or actions negatively to the second party constitutes harm or not. Freedom of speech is something that is essential to Americans’ feeling of security and individuality and is often part of the reason why people come to America; because in many countries, especially in the middle east, people can get persecuted for simply stating their
The First Amendment of the United States Constitution 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.” Does this mean that freedom of speech cannot be prohibited in any way? Are there any reasonable arguments for limiting speech? In this paper, these questions will be examined along with a discussion of where the basic right of free speech originated. Today, society or government can attempt to regulate speech, but it cannot prevent it if a person is within the parameters of his or her constitutional rights.