Reflections on the First Amendment Paper

1627 Words Sep 2nd, 2011 7 Pages
Reflections on the First Amendment Paper
Ephraim Iivula
HIS/301
May 29, 2011
Kenneth Johnston University of Phoenix

Reflections on the First Amendment According to the First Amendment of the United States Constitution, “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.” Consequently, citizens from different occupations often file legal challenges for court adjudication on perceived injustice. This paper focuses on numerous momentous cases related to
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Ashcroft, Attorney General, et al. versus Free Speech Coalition, et al. (2002), the Supreme Court upheld the judgment because the expanded definition of the Child Pornography Prevention Act of 1996 contravenes the provision under the First Amendment. Consequently, the appellant feared that leaving that expanded definition unchallenged in the Supreme Court curtails freedom of speech as enshrined in the Constitution. The Supreme Court interpretation became necessary as the Child Pornography Prevention Act of 1996 led to the plaintiff’s misinterpretation of the regulation or deliberate distortion thereof to advance unlawful ends. Instead, the merit of the Child Pornography Prevention Act of 1996 bans unethical materials depicting children and not just about any pornographic material. In the case of FCC versus Pacifica Foundation, (1978), the Supreme Court hearing became necessary to offer clarity on Section 326 of the Telecommunications Act regarding its limitations and the FCC jurisdiction. The appellant assumes Section 326 of the Telecommunications Act prevents FCC the authority to review the content of completed broadcasts. However, the Supreme Court manifested that FCC could still sanction a station broadcasting obscene, indecent, or profane materials. In the case of Sherbert against Verner et al., members of South Carolina Employment Security Commission, et al. (1963), Sherbert’s employer denied her unemployment benefits because

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