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Short Title: Freedom of Speech
SHORT TITLE: FREEDOM OF SPEECH

Freedom of Speech
FIRST AMENDMENT PROTECTIONS
Unit 2 Assignment
Jerry Coleman
LS305 Constitutional Law
Prof. Judge J. Kent
Kaplan University
January 10, 2014

FREEDOM OF SPEECH
FIRST AMENDMENT PROTECTIONS
BY
JERRY COLEMAN
JANUARY 10, 2014

INDEX
1. COVER PAGE
2. TITLE PAGE
3. INDEX
4. PURPOSE
5. THEORY
6. FREEDOM OF SPEECH: UNALIENABLE RIGHT?
7. HISTORICAL PERSPECTIVE
8. CASE LAW
9. CURRENT LEGISLATION AND
ITS EFFECT ON THE FIRST AMENDMENT
10. CONCLUSION’
11. REFERENCES

PURPOSE
The purpose of this paper is to examine, limitedly, the incursion, by Congressional Acts, Judicial Interpretation via case law, and Executive Order of the First Amendment Protections of Free Speech of The Constitution of The United States.

THEORY
The Bill of Rights are the Foundation of the UNALIENABLE RIGHTS OF THE PEOPLE, in theory and original intent of the Framers, which neither the Federal Government nor the States may repose from the People. Neither shall the Judiciary. However, given to logical consideration, as applied by the Marshall Court, the Courts have Judicial Review Authority, rendering them, if not the best locale, definitely the most appropriate, for interpretation of the Rights thusly enumerated in The Constitution’s Bill of Rights (Amendments One thru Ten, specifically One thru Eight). However, it must needs be stated that Judicial Review has thusly proven that interpretation can devolve, on occasion, upon the whims, or personal considerations of some Justices, instead of the preferred aspect of interpretation, which being that of just and impartial application of law to the query at immediate hand.

FREEDOM OF SPEECH: UNALIENABLE RIGHT?

In the United States, we all honestly, fervently believe we have the absolute right of the Freedom of Speech, as guaranteed by the First Amendment of the Constitution


References: 1. Constitution of The United States, Retrieved December 30, 2013, from: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html 2 3. James Madison, Speech to the Virginia Ratifying Convention, June 6, 1788 Retrieved December 13, 2013, from: http://www.constitution.org/rc/rat_va_05.htm) 4 5. Schenk v. U.S., 249 U.S. 47 (1919); 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470, 1919 U.S. 2223 Retrieved December 13, 2013, from: http://laws.findlaw.com/us/249/47.html
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