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The first amendment
First amendment analysis
Limitations in freedom of expression
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The 1st Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government. The United States Constitution was signed on September 17th, 1787. It did not include a bill of rights and it did not include their freedoms. And so, on September 25, 1789, Congress passed the first ten amendments. The Bill of Rights was created by the Founding Fathers with the intent of restricting the powers of the new national government. The first of the amendments was written because the people wanted their basic freedoms guaranteed. …show more content…
The idea of free speech was virtually unheard of at the time the constitution was created.
At that time, in other places around the world, people were being persecuted for what they said. Even today, there are many countries that do not guarantee the basic right or privilege of freedom of speech. Obviously, there are some forms of speech which are not protected, such as slander, obscenity, and speech that presents a clear and present danger. We have the freedom to walk down the street announcing anything we want. It costs nothing to express our opinions through whatever means we have available. The founding fathers intended to grant equal legal protection to everyone with an opinion. That principle of free speech is still valid, but the implications are much more complex today than they were 200 years ago. The first amendment was written in the 18th century, we were a country with only thirteen states, and since then, we have grown in area and population. The freedom of religion had a very similar
beginning. Much like the freedom of speech, in many places it was unlawful to practice specific religions, hold certain beliefs, or speak out against the government. Citizens faced prison sentences, torture, or even death for violating such prohibitions. Throughout history, many people have left their homelands due to the persecution they have faced for believing in what they feel is right. Some have even paid the ultimate price with their lives. Some of the first immigrants to this country came here because of religious beliefs that were rejected in their home country. One of the greatest things about this country is that everyone has the choice to believe in what they want and not have to worry about the consequences of their beliefs. Our founding fathers realized how important religion is by listing it first in the bill of rights. Freedom of religion encompasses something that the government can’t ban, freedom to believe. Both of the previous freedoms mentioned tend to overshadow other, just as important rights and freedoms. The right to petition our Government, though often overlooked in comparison with the other freedoms listed in the First Amendment, is nonetheless, a very significant right that we have in this country. This right grants people not only the freedom to stand up and speak out against injustices they feel are occurring, but also grants the power to help change those injustices. Because several voices are always louder than one, the right to petition is a valuable tool to citizens in that they can join together to speak out for issues they feel are important to them. The right to petition government is a freedom that has been firmly upheld by the Supreme Court of the United States on countless occasions, proving that it is considered an inalienable right by the U.S. Government. The 1st Amendment is one of the most critical, yet misunderstood amendments. It is fundamental to the existence of democracy as well as our freedom as U.S citizens. Most of us Americans are guilty of taking some of our basic freedoms for granted. We are born and raised here, with no experience of living in a place without these freedoms. Thanks to the rights granted by the First Amendment, Americans are able to live in a country where they can freely express themselves, speak their mind, pray without interference, protest in peace and where their opinions are taken into consideration.
...be added. They felt that if the rights of the people were not listed they would be infringed.Page 66R An example of a right they thought would be infringed upon was stated in Document 5 by Mercy Otis Warren, “There is no security in the system [under the proposed new U.S Constitution] either for the rights of [people with different ideas] or the liberty of the press”. This fear was directly addressed in the first amendment in which the freedom of religion, speech, press, assembly and petition are protected.Page 46R All these freedoms are used to express one’s self and express different ideas which means the first amendment prevents the government from suppressing ideas they do not agree with. The bill of right protects many basic rights and includes the 9th amendment in which it is stated that rights not listed in the Constitution are still retained by the people.
The origins of the first Amendment date back to when the Constitution and Bill of rights were first being debated and written down. Thomas Jefferson once said, “A democracy cannot be both ignorant and free.” The American settlers desired freedom and a sense of sincerity, or openness. The harsh oppression the British placed on the settlers left lasting a lasting impression on the settlers’ minds. They used their familiarity and experiences with the oppression to form the ideals of the Constitution and the Amendments. According civilliberty.about.com, the father of the Constitution, Thomas Jefferson, was somewhat captivated with the concepts of freedom of...
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 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." Essentially, the First Amendment is supposed to give citizens the right to have free speech, free choice of religion, and the right to assemble peaceably. 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 stated,
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.
Although this amendment gave people the right to express their opinions, it still rests in one’s own hands as to how far they will go to exercise that right of freedom of speech. According to Roger Rosenblatt “since freedom is the way people's minds were made to be”, freedom of speech is important to speak one's mind in a way that expresses his/her opinion, even if this opinion does not seem to convince others. In my opinion, without freedom of speech, the United States would have failed to be such a powerful country as it is today. . Although your opinions might disagree with others, you still have the right to voice them. For example, Roger Rosenblatt indicated that when a basketball player for the Denver Nuggets, was suspended from the league because of his religious conventions that stopped him from playing in the league.
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
The Second Amendment states, “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” This statement basically means that people should be able to own guns for their own security and that right should not be taken away. The Second Amendment was added to the Constitution because the creators of the Constitution wanted to make sure that it protected basic rights, including the right to bear arms. It was also added to the Constitution because shortly after it was ratified, James Madison wanted to give more power to the state militia and to give more power to the people to give them the ability to fight back against the Federalists and the tyrannical government they were creating. After fighting off the British, the Second Amendment was created to give citizens the opportunity to fight back against controlling government and protect themselves with their own weapons.
After the Revolutionary War in America, many states recommend that free speech be put in the United States Constitution. Nevertheless, freedom of speech was written into the Bill of Rights and was ratified in 1791. A few years after the First Amendment was ratified, the government passed the Sedition Act of 1798. This was to help prevent resistance or rebellion against the government. It also made it illegal to print, write or say “any false, scandalous and malicious” things against the government.
The Amendment I of the Bill of Rights is often called “the freedom of speech.” It provides a multitude of freedoms: of religion, of speech, of the press, to peacefully assemble, to petition the government. Religious freedom is vitally important to this day because it eliminates the problem of religious conflicts. Historically, many people died for their beliefs because their government only allowed and permitted one religion. T...
The Bill of Rights are the first ten Amendments to the Constitution. The Bill of Rights works to provide constitutional protection for the individual and to limit government power. The First Amendment and the Sixth Amendment protects the individual by allowing religious and political freedom, and by promising a public and speedy trial. The Fourth Amendment protects the individual’s privacy and limits the reach of the government into people’s homes and personal belongings. The three essential Amendments from the Bill of Rights are: the First Amendment- Religious and Political freedom: the Fourth Amendment- Search and Seizure: and the Sixth Amendment-Criminal Court Procedures.
The First Amendment was written because at America's inceptions, many citizens demanded a guarantee of their basic freedoms. The First Amendment protects five basic rights. The First Amendment protects the freedom of speech, freedom of press, freedom of religion,
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 first ten amendments to the U.S. Constitution, guaranteeing individual rights, such as freedom of speech, freedom of the press, separation of church and state, the right to counsel, the right against self-incrimination, and due process.” (Rhode) The Bill of Rights was created to protect the individual’s rights. It was to protect the people from a government who that might be too powerful. Having only the Constitution would be dangerous to the people because it only concentrated mostly on the establishment of the government. Therefore, the founding fathers decided to protect the people with what we have now as the Bill of Rights. Although it is interpreted in many ways, its essential focus is on the rights of the individual.
The First Amendment was published mainly because many citizens recognized the necessity of protecting their rights and tolerances, with that purpose James Madison wrote the Bill of Rights and it was passed to Congress and