With the bitter wounds of British tyranny still stinging, the Founding Fathers thought up the first amendment. Democracy flourishes only when freedoms to express views, both political and those of other concerns, are guaranteed. What happens, however, when your own government seizes and destroys these rights, in its attempt to censor the public 's pursuit of political knowledge. The Citizens United v. Federal Election Commission (FEC) court case brings forth this question and many more, as Citizens United, a nonprofit organization, was challenged in their attempt to broadcast "Hillary: the movie," by the FEC. The verdict, which was ruled in favor of Citizens United, deemed the film an act of the organization 'a first amendment right to free speech. Correct in their ruling, the Supreme Court upheld the abolition of restrictions…
The first amendment guarantees the right of free expression to all citizens of the United States. Leonard Pitt’s writing “Who decides if it’s art or porn?” brings up a major issue with the first amendment of free expression. Pitts states his thesis towards the end of his article with the two questions, “What is the line where obscenity ends and art begins? And who gets to say?” I’m not entirely sure about the answer to the first question, but I do know that the government and the judges of the court have the power to decide what the difference is.…
However, what many people do not necessarily know is that there are limits to our free speech and the supreme court has spoken on this topic for cases stating what would have to happen for these rights to be voided, “The constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action [emphasis added]” (WTP 123). Most of our rights have limits to them as it is for our protection and and the supreme court has a set of ways to be able to decide when our speech is no longer…
For anyone to place a limit on an American's right to express or suspend one's right's, is to be very dubious in being an American themselves! "Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties." (John Milton, 1644) in that quote, Senator Robert M. La Follette uses it to defend his right to speak out against the war. Furthermore, for the right for the citizens of this country to discuss issues without fear.…
It is my feelings that pornography should be censored and no it does not violate the First Amendment. I am not as well versed on the Constitution of the United States as I would like to be, but I do know that the First Amendment is intended to allow freedom of religion, the right to exercise that religion; freedom of speech, individual or the press; freedom to peaceably assemble; and the freedom to petition the Government for any grievances. I also realize that amendments are subject to interpretation, and some court rulings of the years have altered the actual interpretation of this amendment. The intended purpose was to protect individuals and groups from persecution for practicing their beliefs. Society as a whole has put limitations on…
The First Amendment was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. A careful reading of the First Amendment reveals that it protects several basic liberties freedom i.e. religion, speech, press, petition, and assembly. Interpretation of the amendment is far from easy, as court case after court case has tried to define the limits of these freedoms. The prohibition on abridgment of the freedom of speech is not absolute. Certain types of speech may be prohibited outright. Some types of speech may be more easily constrained than others. Furthermore, speech may be more easily regulated depending upon the location at which it takes place. All these rights protect the people of the US they have the right to religion and speech, they right to say whatever they want as long as it’s true without being held accountable for it. Even though speech is protected by the First Amendment not every speech is protected for example obscenity, child pornography, and speech that constitutes so-called “fighting words” or “true threats” are not protected by the amendment. There has always been controversy for defending the free speech rights of groups that spew hate, such as the Ku Klux Klan and the Nazis. But if only popular ideas were protected, we wouldn't need a First Amendment. If we do not come to the defense of the free speech rights of the most unpopular among us, even if their views are antithetical to the very freedom the First Amendment stands for, then no one's liberty will be secure. I can’t say I disagree with anything about these facts, I do agree that one should have freedom of speech everyone should feel free to express themselves by speaking but not everything should be said and that is why not every speech is protected by the amendment.…
In today’s society, the first amendment is taken advantage of in many ways. Many people express that they can say whatever they please because they have the Freedom of Speech. They might burn the USA flag, make a racist remark, or some other kind of action, but what they do not realize is that this may hurt people. The First Amendment should be limited so that individuals can speak their mind so long as it does not hurt other people, or violates their rights.…
Benjamin Franklin once said, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." The American people have always fought to retain their right of free speech; but one must ask what are we sacrificing with this protection?…
The first Amendment of the United States Constitution protects the right to freedom of religion, freedom of speech, and freedom of expression from government interference. This is one of the most important amendments in the constitution and is what America is most proud of. However, these rights aren’t all they are cracked up to be. For example, censorship is very common and goes against the freedom of speech. Censorship has many different roles in society both in the past and present. In the past it was used as a way for dictators to control their people and keep them from reading rebellious literature. Hitler even burned all books that he did not like.…
The First Amendment guarantees “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.” The freedom of speech, press, and religion have been pillars of the United States and other Democratic nations who knew the need to have these rights guaranteed. This idea was a major element of the Enlightenment period, the thoughts of John Locke, Jean Rousseau, Montesquieu, and Voltaire would be incorporated into the Constitution which included Freedom of Speech as a Human Right. Schenck v United States rules that the First Amendment stands for all speech as long as it doesn’t cause a “Clear and Present Danger.” No laws have been placed to decrease opinion.…
Overall, as Roger Rosenblatt stated and explained in his article defending the freedom of speech, the United States must not procreate censorship of any greater extent on its citizen’s voices. In fact, “The Founding Fathers…
The first amendment of the US Constitution has come into a lot of political controversy because it gives us some of the very essential rights to be whom we want to be. Under the first amendment we as United States citizens have the right to “freedom of speech, or the press; or the right of the people peaceably to assemble”, which some people don’t want us to have these rights and will try to come up with laws to restrain us from using them so it can benefit their cause (Ivers, 2013). I feel that the government wants to have the power to keep us in control and be able to do what they want, when they want with us.…
Free speech, more than any other of America’s values, has been the touchstone of American democracy dating back to the Bill of Rights. The First Amendment, created in 1791, is so important because “without our basic and essential rights established by that first amendment, the others amendments would have little to no meaning and hardly any force.” It shows the creativity and innovativeness of American democracy. The 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.” However, almost from the moment the…
There are now limitations of free speech that were not put in place before because they have evolved as a problem of our society in this day and age. These limitations that "Fall outside of its protection are obscenity, child pornography, defamation, incitement to violence and true threats of violence," (Richards) "Even in those categories, there are tests that have to be met in order for the speech to be illegal. Beyond that, we are free to speak" (Richards). The Supreme Court of the United States of America fully supports and condones the First Amendment in all aspects and cases that don’t fall under any of these categories. This law is held to the highest importance because our country is run off of the human rights of life, liberty, and the pursuit of happiness and without freedom to have a voice this would not exist. The limitations are set in place, but when the Founding Fathers passed this Amendment they wanted absolute freedom of speech, as they felt there should be no limits on what can be said and not said. Everyone has a voice or at least that’s how it started off. Present day issues, such as the items listed above, shouldn’t create a limitation on what can and cannot be said. That’s why we live in a free country unlike any in the world.…
The first amendment 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 of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. These rights are human given rights which all citizens of the United States are guaranteed, but in the past and still today these rights are being violated. Currently, the first amendment is at risk in our society because the government and people with power are trying to restrict the citizen’s rights of freedom of speech, religion, and the right to protest.…