The United States of America is known for its Constitution. Included in the first amendment is Freedom of Speech. This part of the first amendment is important because it is our human right. Freedom of Speech gives the people of the United States opportunities to be heard by the freely. Also, people can agree or disagree with one another. America has grown as a country due to changes being made possible with having Freedom of Speech. Alas, there are times where there must be a line drawn to protect American citizens under the first amendment. Sometimes cases brought to the Supreme Court push the boundaries on what people think is right and wrong regarding to Freedom of Speech. Brandenburg v. Ohio is a case that focuses on how we came up with …show more content…
Brandenburg was recorded by a camera crew during his speech spewing racist remarks towards African Americans and Jews. Brandenburg also remarked how the Klan would march onto Washington if African American and Jews were not taken care of by the United States Government. The film also showed a burning cross and parts of Brandenburg’s speech was broadcast. The Ohio Criminal Syndicalism “made it illegal advocating “crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform,” as well as assembling “with any society, group, or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism.” Brandenburg argued that the law violated his first and fourteenth amendment rights. In 1969, the Supreme Court ruled in favor of Brandenburg because his conviction violated his freedom of speech. The vote among the Justice’s was unanimous. To make this decision, the Supreme Court created the Brandenburg Test to tell if a speech has intent, imminence, and likelihood. The Ohio Criminal Syndicalism violated Brandenburg’s rights because the law itself was illegal and unconstitutional. The law could not dufrenite speech that hypothetically advocated violence and speech that would lead to
In the R.A.V v. City of St. Paul case, a white teenager was arrested for burning a cross in the lawn of the only black family in the neighborhood. According to the state, this was in violation of a 1989 city ordinance making it a crime to place on public or public property a burning cross, swastika, or other symbol likely to arouse "anger, alarm, or resentment in others on the basis of race, color, creed, religion, and gender." In this case, a higher court decided that R.A.V’s first amendments were violated because the state was punishing expression. The ordinance didn’t simply make burning a cross illegal, but instead made the expression associated with this act illegal, which the court considered a violation of freedom of speech under the First Amendment.
The freedom of speech is one of the most precious rights that the United States citizens have. Unlike many other countries, the United States citizens have the freedom to speak their minds and to give their opinions on anything as long as it is done in a peaceful manner without having any fear of governmental retaliation. “The First Amendment guarantees our right to free expression and free association, which means that the government does not have the right to forbid us from saying what we like and writing what we like.” This does not mean that a person can say whatever he or she wants to say, but rather that a person’s right to say something is protected within certain limits.
Paul, cross burning and freedom of speech were again found in the limelight in the case of Virginia v. Black. In this case, three men were convicted of violating a Virginia state statute that made it a felony to “for any person...with the intent of intimidating any person or group...to burn...a cross on the property of another, a highway or other public place," and specifies that "any such burning...shall be prima facie evidence of an intent to intimidate a person or group”(Oyez VB). After the men stood trial and were convicted, they appealed to the state of Virginia’s Supreme Court stating that the statutes prima facie clause of intent to intimidate was unconstitutional. The state supreme court overturned their convictions because it found the statute to be unconstitutional. The State of Virginia appealed to the U.S. Supreme Court. The question facing the Supreme Court was, did Virginia’s statute against cross burning violate the First Amendment, when cross burning was viewed to be a form of expression? While the Supreme Court found that the statute’s prima facie clause to be unconstitutional, it did find that Virginia’s ban on cross burning, as a means of intimidation was constitutional. Speaking on behalf of a 6-3 majority, Justice O’Connor stated “…the First Amendment also permits a state to ban a 'true threat’... a prohibition on ‘true threats' protects individuals from the fear of violence.
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.
1. The measure of a great society is the ability of its citizens to tolerate the viewpoints of those with whom they disagree. As Voltaire once said, “I may disagree with what you have to say, but I will defend to the death your right to say it” (Columbia). This right to express one's opinion can be characterized as “freedom of speech.” The concept of “freedom of speech” is a Constitutional right in the United States, guaranteed under the First Amendment to the Constitution:
The first amendment states your basic liberties. It is one of the most important bills in the bill of rights. These basic liberties are freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government. This amendment also has a lot of historical significance and there are a lot of court cases today that involve this amendment. There are also quite a few current issues involving the first amendment.
First Amendment: To have the rights and freedoms that sadly many other countries do not have. To have the freedoms of speech, petition, assembly, religion, and press. I feel this is the most important amendment out of all ten because if you don't have the freedom to be your own person then, what do you have? Would you have your money? Your faith? Power? An opinion? Imagine if you had that and not be able to use it because someone told you they don't agree with it. That you don't have the right to have it, and then it is taken from you by force. That is why I think the first amendment is the most important. If you don't have your freedom, you essentially have nothing that is yours. As Benjamin Franklin said, "They who can give up essential liberty
Freedom of speech is important so we can express how we feel as long as we are peaceful, and understand one another. The First Amendment gives us the right to express how we feel with freedom of speech. Everyone in America, and in other countries express how they feel, and what they believe in differently. Other countries such as North Korea, don’t have freedom of expression.
Judges should consider the consequence of the danger and the probability that the threat may actually take place in regards to the speech itself. Other judges disagree with this view and complained that the test made the decision about when speech may be limited a matter of degree and that each case could result in a contradictory decision (Cornell, 2006).
The First Amendment ensures that there is separation between Church and State. However, this disjunction is not absolute. As the United States has become a more multi-cultural society, certain rituals have become problematic. Some issues were traditions that put one religion at the forefront, violating of the Establishment Clause; other issues affected peoples’ right to free expression of their religion. Many times people do not realize the Judeo-Christian bias in our culture because it is so integrated into our way of life. This country needs to recognize these biases and address them as the United States become a more diverse population.
The first amendment formed our country and brought us together to be the free country we are. The first amendment talks about how we get the freedom of religion, freedom of speech, Freedom of press. Amendment 1 is the most important Amendment because it doesn’t allow Congress to make laws about respending religion, or prohibiting the free exercise thereof, and abridging the freedom of speech or press.
The First Amendment tells us that every single person has the rights to speak freely without the government interfering with his or her rights. Each person has a freedom to voice their beliefs about Christianity. According to the First Amendment the government cannot keep any person from establishing a Church Ministry, we as the Creation of the Creator has the choice to practice (or not to practice) any faith without the government involvement. We were created to praise and serve Jesus Christ. No one has the ability or the authority to stop what was put in place by God Almighty. Men seem to try, but that’s all man can do is try.
The first amendment is the most important part of the Constitution because it has been the most exercised right by U.S citizens. 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.” Meaning, as citizens, the Constitution protects our freedom of religion, speech, press, assembly and petition the government. This amendment is a good reflection of what America represents, equality for all.
A very popular constitutional issue in America is the First Amendment. The First Amendment is meant to protect, but in today’s society it is being questioned that the argument is being overly used. The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference (Esmaili). Freedom of religion created the separation of church and state. It prohibits the government from interfering with a person's practice of their religion. The right to freedom of speech allows individuals to express themselves without government interference or regulation. The right of freedom of expression gives the right to assemble and gather for peaceful and lawful purposes. It was adopted into the Bill of Rights in 1791. The Court later interpreted the Due Process Clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. Putting this is layman’s term, you can pretty much say what you want without being penalized.
The First Amendment gives us the essential freedoms we as United States citizens deserve. This amendment gives us Freedom of peaceful assembly, speech, press, religion and the freedom to petition the Government. It is thought to be the most important freedom of the United States. Only because of this right we are able to speak our mind freely, pray without judgment, express ourselves, and protest peacefully. Our Founding Fathers had been Framers of the Constitution and they are responsible for all the rights documented and established in the United States.