In June 21, 1973, Miller was convicted on the ground of advertising the sale of what was considered by the court as adult material. He was found guilty as he broke the California Statute. The California Statute forbids citizens from spreading what is considered offensive in societal standards. The question that was being asked was that if the action of Miller was Constitution thus is protected under the law. However, he lost the case due to a vote of 5 - 4. The court noted that the material that Miller distributed by Miller was not protected under the first Amendment. The court said that the materials Miller distributed were offensive to people, therefore violates the California Statute. (“Miller v. California.")This is a similar argument that is used …show more content…
Feelings cannot be used as argument since they are not facts. For example, if a person walking at night feels that they are in danger, it doesn't mean that they are indeed in danger or that they are not in danger. In order for this to be a valid argument feelings have to be objective, which they are not thus makes the argument invalid. In addition to this weak argument, the state actually have created a rule in order to suppress citizens freedom, which is a direct violation of the First Amendment that specifically states “Congress shall make no law….abridging the freedom of speech”("First Amendment”(ratified 1791). This Amendment was added to the Constitution to protect the citizens from the government, and letting the government take this right from the citizens is very dangerous and concerning. The fact the founding fathers of the United States, risked their lives traveling on a dangerous journey in a hope of finding a place where they can express themselves freely without any punishment indicates how valuable this Amendment is and it is sad that it is not
After going through the state appellate court and the state supreme court Brandenburg appealed to the Supreme Court. 3. Questions of the Case Did the Ohio Criminal Syndicalism Statute violate Clarence Brandenburg’s First and Fourteenth Amendment rights? 4.
The 1990 case of Employment Division v. Smith is about Smith and Black who were both members of a Native American Church and counselors at a private drug rehabilitation clinic. They were both fired because they had taken peyote as a part of their religious ceremonies, at that time the possession of peyote was a crime under the State law. The counselors filed for unemployment in the state, but were denied by the Employment Division because the reason for their unemployment was work-related misconduct. Smith and Black argued, stating that under the First Amendment the government is forbidden from prohibiting the "free exercise" of religion in this case the free exercise of peyote. Court of Appeals reversed the ruling, saying that denying them unemployment benefits for their religious use of peyote violated their right to as it was a part of their religion.
"In controversial decision, the supreme court, by the closest possible margin of a 5 – 4 vote... a person has the right to burn the nations flag." (Page 18 Lines 1 – 3) And "It is, thus, no surprise that the first amendment is where it is in the bill of rights, for it is first in importance." (Page 19 Lines 33 – 34). People could not all agree to let this man go free.
This amendment safeguards American’s rights to freedom of religion, speech, press, assembly, and petition. By protecting our freedom of religion, the government cannot force a religion on the people and allows us to choose and practice any religion that we want to, how we want to. Since I grew up in a practicing Christian household, I can truly appreciate and place great worth in this amendment for defending my right to believe in what I want to believe in. Through protecting our freedom of speech, it allows us to speak out and voice our opinions on the government and express our feelings about political figures, laws, regulations, etc. By also protecting our right to assemble and petition, Americans can request for changes and adjustments
We’re able to express our political beliefs without being fearful that we might get sent to jail. Without this amendment, we wouldn 't be able to speak up for ourselves against the government whenever we
In public I can speak or express my feelings minimal restrictions. As for in a school zone I am not always available to do so. This where the amendment does not have 100% full affect. It has restrictions as to where you are, what you say, and what actions are taken after saying these things. There are plenty of restrictions as to what i can say, talk about, or wear.
The first amendment may seem like something that is generally understood among all of those who use it, but this may not be the case. While most citizens of the United States of America would certainly say that they understand and can comprehend what the first amendment means, an underlying lack of knowledge, upon what is presumed to be the most important of all the amendments, can still be discovered. “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 to peaceably assemble, and to petition the Government for a redress of grievances.” The specific piece of the first amendment that is particularly important
The Second Amendment protects the right of people to keep and bear arms. This amendment was a controversial among different people in the government. It was between letting the people keep their weapons or to not let the people keep their weapons. This amendment was important to the framers of the Constitution because it provided the country with a well-regulated militia. The Second Amendment states "A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.
One of these cases is Patterson V. Colorado. Patterson published comics and articles about the Colorado Supreme Court. These comics criticized the judges of that court, and questioned many of their motives. Afterwards, Patterson was charged with contempt. He quickly moved to void the information by citing local law, the Colorado Constitution, and the Fourteenth Amendment of the constitution.
The 1st Amendment You are talking about the government... BOOM!! You're in jail.
Texas v. Johnson (1989) was a Supreme court case deciding whether or not flag burning is supported by “symbolic speech” protected by the first amendment. Gregory Lee Johnson is caught burning the American flag in Dallas, Texas in 1989 to protest Ronald Reagan`s policies. When Johnson had burned the flag during the protest the state of Texas arrested him for desecrating a venerated object. Although Johnson did not hurt or threaten to hurt anyone witnesses and spectators claimed to be seriously offended by seeing Johnson burn the flag. Most of the people in the courtroom were sided with Gregory Johnson supporting the fact that flag burning is considered as symbolic speech which is protected by the first amendment.
In her article, “Censorship 101,” West crafts her text through numerous court case experience and skill in rhetorical devices as her background expertise is used to her advantage. Sonja West begins her argument with the use of exemplification in a previous court case. The scene is set in 1962, and West garments the introduction with excessive details and biased language as readers quickly root for the victory of the Tinker case and share the celebratory state of their
If I were to pick any where to go vacation I would pick to go back to Colorado. I would fly again because it 's faster and it 's a cool view. I would wanna go there because it 's really fun to snowboard there. It is also really pretty in the mountains. But it is also really close to downtown Denver I love the city 's and the mountains it 's a perfect fit.
People have the tendency to take the First Amendment for granted, but some tend to use it to their favor. Stanley Fish presents his main argument about how people misuse this amendment for all their conflicts involving from racial issues to current political affairs in his article, Free-Speech Follies. His article involves those who misinterpret the First Amendment as their own works or constantly use it as an excuse to express their attitudes and desires about a certain subject matter. He expresses his personal opinions against those who consistently use the First Amendment as a weapon to defend themselves from harm of criticism.
A Constitutional Perspective on The Preservation of Liberty To establish which amendment in the Bill of Rights is the most influential to the preservation of liberty, one must first determine the true meaning of the word liberty. The Oxford dictionary defines liberty as “The state of being free within society from oppressive restrictions imposed by authority on one's way of life, behaviour, or political views.” Not only is this one of the core values ingrained into the base of our American culture, but it is also one of the main characteristics of a successful community (“First Amendment.”) Many societies argue that citizens do not have basic rights, the first amendment does the best job at protecting the nation's rights from the government by giving individuals freedom of speech, religion, and freedom of petition. The First Amendment has five freedoms guaranteed for the American people’s such as the right to religion, speech, and petition.