In our everyday lives, the 1st amendment -freedom of speech- is a fundamental right. Free speech gives us the power to express solely who we are, and it protects individuals from losing this right. Nonetheless, free speech can be limited under some circumstances. For instance, free speech can be limited at schools if the speech impacts students to learn in a safe environment. During World War II, Congress passed the Espionage Act, which made it a crime for any person to convey a message which interfered with the war effort. In the case of Schenck vs U.S., Schenck had lost his case because his 1st amendment didn’t protect him from using obstructive speech. Despite this limitation, free speech has its positive consequences. It encourages the flow of new ideas among people and can better represent groups with similar and differing opinions and beliefs in our society. Therefore, for a school to serve the community effectively, the 1st amendment is significantly more crucial and should be a limitation on government power. Free speech is substantially essential, as it allows people to address their political dissent or approval for certain aspects of politics. For instance, in the case Texas vs. Johnson, Johnson was seized burning an American flag in opposition to the built up of nuclear arsenals; he was arrested for his misconduct. His case was then appealed to the Supreme Court stating that his freedom of rights speech was violated. The court ruled that despite Johnson’s
Neil Gaiman once said, “The current total of countries in the world with First Amendments is one. You have guaranteed the freedom of speech. Other countries don’t have that.” At the time of the amendments’ creation, a vast majority of operating countries had not yet granted their people such freedoms. Granting every citizen of the United States this right seemed to have been an important landmark in this nation’s history. Along with others, this right is declared to the people in the first amendment of the constitution. The first amendment is the most important because it grants people freedom of speech, prohibits prior restraint, and declares the right to peaceable assembly.
Des Moines is an important case for free speech in the United States. It affirms that students don’t lose their rights when they go to school. However, it also affirmed that schools can limit speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others” (Tinker v. Des Moines, 1969). However, the Court has ruled that there are times that the school can limit speech. In 1986, the Supreme Court ruled in Bethel v. Fraser that students can be disciplined for using vulgar and offensive language in school (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p. 25). This case differed from Tinker v. Des Moines because that case was about political speech or expression. Another example of where school can limit the First Amendment is school sponsored newspapers. This was affirmed by the Court in Hazelwood v. Kuhlmeier (1988). That decision stated that schools can reasonably limit the content of school-sponsored newspapers (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p.
The First Amendment gives the citizens of the United States their most important rights: the right to freedom of speech, freedom of press, freedom of religion, and the freedom of assembly. Over time these rights have worked themselves into the everyday lives of United States citizens. However, there are still places where our First Amendment rights may be compromised. In the school system, finding a balance of respect and freedom of speech and press is as difficult as learning out to tightrope walk. One wrong step and you could be compromising the learning environment of the entire student body.
Attention Getter: During World War 2 Japanese Emperor Isoroku Yamamoto was quoted saying “You cannot invade the mainland United States. There would be a rifle behind each blade of grass.”
“I have opinions that, frankly, a lot of people are thinking. They just won't tell people. They don't pollsters. They don't tell journalists. But they think it” (Lieberman). These are the words of conservative blogger and self-proclaimed “provocateur,” Milo Yiannopoulos. Yiannopoulos had been scheduled to speak at the UC Berkeley campus, but given UC Berkeley Police Department’s security concerns surrounding his appearance, the event had been cancelled. Yiannopoulos argues that his First Amendment right had been violated and vows to return for a future event, “Free Speech Week.” Additionally, Ku Klux Klan activist Chris Cantwell has been invited to speak. The University argues that due to Yiannopoulos’ past doxing activities and the threat of violence associated with his presence, it is not required to accommodate such speech. In this memo, I will provide legal precedents arguing that 1) “Free Speech Week” should be permitted to proceed with or without Chris Cantwell, 2) the associated KKK rallies should be permitted to proceed, and 3) a counter-argument addressing the strengthening of civil disobedience.
First Amendment protections are the most essential rights ensured to Americans; however, they are not absolute. The United States (U.S.) Supreme Court has never taken the stance that these protections are assured in all conditions. School speech is one such area, since the decision of Tinker v. Des Moines Independent Community School District. The Court has been willing to constrain the fairly extensive Tinker holding requiring a school to demonstrate that a student’s speech is a material and substantial disruption in order to curtail student’s First Amendment rights. The Court, in each instance since the Tinker case, has restricted Tinker as opposed to applying it as drafted. In Bethel School District v. Fraser, the Court created an exception
I appreciate all that you have done. Thank you for your time being a Senator for Iowa for 36 years. You have done a great job of speaking out for our state. I understand it must be hard to be Senator. Having to listen to everyone must be difficult.
I am here to ask for you to cast your vote against the new upcoming bill allowing people to carry concealed weapons across states. The Second amendment stretches for people to carry weapons with them for safety, but not for carrying weapons across states for protection. The second amendment would not support this kind of bill simply because the bill is mainly for self protection like weapons to be stored at home, not in the public eye. The constitution has been extended a far enough point where we must stop and see the better of where this constitution is taking us. Your vote can mean anything from allowing a ridiculous bill from being passed.
The delegates filled Independence Hall with raucous applause. The voiceover of a Fox New pundit began narrating the scene.
The NFL protest is a silent protest to police brutality and institutional racism. In Between the World and Me, Coates brings attention to institutional racism and police brutality. They are both extremely common in America. The NFL protest is an act of patriotism and brings awareness to institutional racism, but some Americans find it disrespectful to the national anthem.
Many people come to the United States looking for freedom and liberty and where their essential rights are protected under the Constitution. However, freedom should not be taken for granted as for every rule there may be limits. The First Amendment of the United States’ Constitution 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” (Corwin 48). In other words, the First Amendment granted freedom of religion, speech, press, peaceful assembly, and petition. The First Amendment is clear enough for anyone to comprehend and process easily; however, people sometimes misunderstand their rights by doing what their First Amendment right does not protect, especially when it comes to freedom of speech. Seven of the most important law cases in the United States’ history are what shaped the American’s society and allowed people to hopefully know and recognize their limits and restrictions when it comes to their speech whether it was a literal speech or a symbolic speech.
History does not change. Malcolm X once said, “I don’t even call it violence when it's in self defense; I call it intelligence.
Although the First Amendment protects citizens in many ways, there are some exceptions to these protected rights. A conflict arose in the Morse v. Frederick court case in 2007, when a student was seen with a banner promoting drug use at a school event. Deborah Morse, the principal, took the banner from the student and suspended the student from school. The student, Joseph Frederick, believed that the school violated his right to free speech. When the case was settled, it was decided that the students rights were not violated by the school (“Facts”). The court decided that “ Schools can regulate speech that conflicts with school anti-drug policies, or similar school policies, even if the speech doesn’t directly disrupt the educational process, such as at a school-sponsored event” (“Your 1st”). Although the First Amendment is the most important when it comes to civil rights, this case demonstrates that the protections guaranteed by the Bill of Rights are not
America’s Founding Fathers gave Americans certain rights when they established this great nation. These rights include life, liberty, and the pursuit of happiness, as well as other constitutional rights like freedom of religion, protection against self-incrimination, and the right to bear arms in defense. One of the most important of the freedoms bestowed upon American citizens by their inspired founding fathers is the freedom of speech. Americans have the right to speak their minds without the worry of punishment by the government. An example of this is the Tinker V. Des Moines Independent Community School District case in the years 1968-1969. In this Supreme Court case, the Tinker family was fighting for their right to symbolic speech at school. Another case regarding Freedom of Speech at a school is Hazelwood School District V. Kuhlmeier. This case is also concerning the right to free speech at school. Free speech in school greatly affects many people. According to the National Center for Education Statistics, “In fall 2016, about 50.4 million students will attend public elementary and secondary schools… In fall 2016, some 20.5 million students are expected to attend American colleges and universities” (A-Z). This means that these laws and related issues will affect about 70 million people.
The right to free speech is one of the most precious rights an individual has as a citizen of the United States of America. This right gives people the opportunity to speak their mind and give their opinions of what they think should happen. These rights have been questioned and exercised throughout history, and have produced extremely positive things in a lot of cases. In modern times, people are always protesting something and in the colonial times it was the same. People wanted their voice to be heard and as long as it is done in a peaceful manner it is legal now, but it resulted in punishment for the colonists. People have never questioned whether or not these rights should exist, the questions involve whether there should be limits or not. No matter what side the authorities take, there are only two main points to deal with cyberstalking: free speech is an essential right, but it should not be meant to include hate speech.