The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. Freedom of expression is made up of the explicit rights of freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied right of association and belief contained in the First Amendment. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government although it is only expressly applicable to Congress. Furthermore, the Court has interpreted the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. Two clauses in the First Amendment guarantee freedom of religion. The establishment clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the “separation of church and state. Some governmental activity related to religion has been declared constitutional by the Supreme Court. For example, providing bus transportation for parochial school students and the enforcement of “blue laws” is not prohibited. The free exercise clause prohibits the government, in most instances, from interfering with a persons practice of their religion. The most basic component of freedom of expression is the right of freedom of speech. The right of freedom of speech allows an individual to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech if it attempts to regulate the content of the speech. A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. The right of free speech includes other mediums of expression that communicates a message. Despite popular misunderstanding the right of freedom of the press guaranteed by the first amendment is not very different from the right of freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general. The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The Supreme Court has expressly recognized that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. This implicit right is limited to the right to associate for First Amendment purposes. It does not include a right of social association. The government may prohibit people from knowingly associating in groups that engage and promote illegal activities. The right to associate also, generally, prohibits the government from requiring a group to register or disclose its members or from denying government benefits based on an individuals current or past membership in a particular group. There have been exceptions to this general rule when the Court has found that the governmental interests in disclosure/registration outweigh the interference with first amendment rights. The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups. The right to petition the government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through the courts (litigation) or other governmental action. It works with the right of assembly to allow people to join to seek change from the government.
Freedom And The Constitution Essay Research Paper
Civil Liberties Essay, Research Paper Civil Liberties The term civil liberties refers to the “freedoms that individuals enjoy and that governments cannot invade”. These rights include a persons freedom of speech and religion.
Engel Vs. Vitale Essay, Research Paper In 1962 the case of Engel vs. Vitale came about. At first the government stated that a non-God believing person or a person of a different culture could be except from saying the prayer. The morning prayer was done after the pledging of the flag. The prayer was such; ” Almighty God, we acknowledge our dependency upon thee, and we beg Thy blessings upon us, our parents, our teachers, nd our country”.
Free Speech Essay, Research Paper The United States is recognized and admired all over the world, as a representative of liberty and civil rights. The First Amendment to the US constitution, presented in the Bill of Rights passed by Congress on September 25, 1789 and ratified December 15,1791, discusses religious and political freedom.
Jefferson Essay, Research Paper I feel that I would be considered a Jeffertonian because I think the common man should run the federal government, like Jefferson thought. I think the federal government
The American Dream Essay, Research Paper Americans have always had a universal dream ranging from marriage to freedom, and of course, money. Some Americans pursue them more diligently than others, while the others just sit and dream.
Censorship Essay, Research Paper In the First Amendment to the Constitution, amongst other things it guarantees freedom of speech, freedom of the press, and freedom of association (assembly). However, everywhere you turn today there is some group trying to take some god given right away from us. Freedom of speech is a right that we, as Americans, fought long and hard for two hundred years ago.
’s Effect On Native Americans Essay, Research Paper The Constitution’s effect on Native Americans The Constitution had a great effect on Native Americans in general. They were effected in three major ways. They are; the change in where they lived and what land was considered theirs, what Religious rights they had and/or have, and lastly, how they have gone from living freely to living on reservations.
Freedom Essay, Research Paper As with any government, there is the necessity of an economy, or else the government would fail because economy is one of the basic necessities of a government. With a democracy like we have in a country of our size, managing this economy becomes a big problem. One important factor is; In a country based on freedom, how much are we willing to give up to keep the economy stable? None? A little bit? All of it? The answer is not as simple as any of those.
Demolishing The Constitution Essay, Research Paper Demolishing the Constitution Few Policy debates have been as dominated by emotion as the one on gun control. Perhaps one reason why this issue is so heatedly discussed is because it tampers with our right to bear arms. The calls for gun restrictions or for bans on guns are calls for change in our social and constitutional system.
School Prayer Essay, Research Paper The United States Supreme court will once again address the issues of prayer in public schools. In the constitution, it guarantees freedom of religion, and separation between church and state. Should the government be allowed to base an opinion on social values versus social values? Just like any other controversy, there are two opposing sides.
14th Amendment Essay Essay, Research Paper More often than not, most Americans look upon the constitution as the guiding light of our country. Recent events occurring in our national election no doubt prove that. There are many important amendments to our Constitution regarding our rights as citizens and the delegation of powers to branches and states.
Lawgrtt Essay, Research Paper The Constitution of the United States and Madison’s Federalist Paper 51 draw upon the philosophy of John Locke, as expressed in his Second Treatise of Government. Madison and the framers of the Constitution looked to Locke’s ideas for justification and guidance. The Preamble of the Constitution reflects the intentions of its authors and shows the influence of Locke’s ideas.
First Amendment Essay, Research Paper 1st amendment rights Under the Bill of Rights of our constitution, Americans are given basic human rights which cannot be taken away. Sometimes these rights
The Enlightenment Essay, Research Paper The Enlightenment The enlightenment is a continuation of modernity and is repeating some of its ideas, with an addition of some new ideas such as the freedom to think or the freedom of reason.
Strict or Loose Constructionism Today our courts are faced with many hard decesions, but the decision that is the hardest is the way that the justices conform to the constitution. There is a spectrum of interpretation. Some justices believe in strict constructionalism, but others believe in loose constructionalism.
Political Correctness Essay, Research Paper Political correctness isn?t always a positive thing. People that are older should have the right to a freedom of speech. They should be able to say words
The Constitution Essay, Research Paper Censorship: Gradual Loss of Freedoms Promised In The Constitution I object to the gradual loss of the freedoms promised in the Constitution.
Freedom Essay, Research Paper Free to me means that you have no restrictions, no laws, and no boundaries controlling you. You can do basically what you want, when you want. If people were to follow my idea of freedom though, the world would be a chaotic place to live.
Freedom Essay, Research Paper What Freedom Means to Me Free*dom (noun) First appeared before 12th Century 1 : the quality or state of being free: as a : the absence of necessity, or constraint in choice or action
Handmaid 2 Essay, Research Paper freedom mean to you? The meaning of freedom is different for each individual. For some it may be the freedom offered to immigrants fleeing torment of their home countries to seek refuge in other countries. To a sixteen-year-old boy, freedom has only one true definition, driver s license.
Freedom Essay, Research Paper How can one measure the meaning of freedom without understanding the torment of confinement. The dark, unfathomable reaches of a dank pit, the deep, unknown regions of a large tree, even the confines of school, all can be the breach of freedom.
A United States Citizen? Essay, Research Paper The greatest benefit of being a United States citizen is the freedom that American citizens have that the Constitution of the United States guarantees. Freedom means being able to decide freely what paths you would like to pursue without government interference.
Essay, Research Paper The Central Government The Articles of Confederation and the Constitution are both alike and different in some ways. Let’s start out with the similarities. Firstly,
Mexican Government Essay, Research Paper Type of Government The Mexican type of government is a presidential federal republic. The government has a president and a cabinet. It also has a bicameral legislature, and a judiciary. The government has the three traditional branches that the United States has- the executive, legislative, and judiciary branches.
Constitution Essay, Research Paper The Constitution of the United States of America We the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Framers of the Constitution The constitution was never in any way a perfect document. Opponents of thisopinion say that the framers meant it to be that way, leaving much space for change,when the changes became necessary. The constitutionhas had to have many changes made,which makes it look as if the original writers of the constitution had no idea of whatwould come of this country in the future.
Method Of Election Essay, Research Paper 4. Should the method of electing a president be further amended? If so, how? The constitution was like the bible to most politicians back then. They went by it like the Ten Commandments. So of course that is where they would turn to when they were in a sticky situation.
Allen Ginsberg Essay, Research Paper What exactly does it mean to be American? What are the boundaries of freedom and liberty? Do we have the freedom to speak from the heart? Allen Ginsberg believed so, and he did just that.
Paper The United States of America was founded over two hundred years ago on the basis of freedom. Freedoms, which were wrote into, and are yet a part of the Constitution of the United States. Under the First Amendment of the Constitution, many freedoms are granted to the citizens of this great nation. Such freedoms as those of speech, religion, press, petition, and assembly are granted to all free citizens.
Bill Of Rights Essay, Research Paper The Bill of Righs was written for the American people for two reasons. The first was to pacify the Anti-Federalist’s fears of an overwhelmingly powerful central government provided by the Constitution and the second was, in fact, to protect the freedoms secured by the Americans after their war for independence.
Federal Government Essay, Research Paper How does the constitution divide power between the national government and the states? The constitution did not give the national government or the states total supremacy. Instead, power was distributed. The national government was given certain express powers, while some powers were reserved to the states.
, Research Paper Although Henry refused to serve on the Constitutional Convention, Madison needed Henry’s persuasive ways. Henry had a way to make people agree with his ideas. Even though Henry didn’t serve on the Constitutional Convention, he was still present to put in his word. As soon as the meetings opened, Henry began to argue against the Constitution.
Gunther Essay, Research Paper Freedom of speech is the right to speak and write without fear of government limitations. In the United States freedom of speech and press are commonly called freedom of expression. Both freedoms are protected by the First Amendment to the Constitution. However, freedom of expression in colleges all around the United States is limited very often.
Essay, Research Paper WHAT FREEDOM OF SPEECH MEANS TO ME The Bill of Rights states, “Congress shall make no law respecting an establishment of religion, or profiting 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.” This is quite possibly the amendment that makes the United States the democratic and orderly country it is.
Paper The Beginning of the Constitution The constitution was made up of many impressive and historic documents, which when combined made one of the most historic documents in world history. The constitution takes many of the most historic facts from other resources. For example, the Magna Carta and the Leviathan.