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First Amendment Pros And Cons

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THE FIRST AMENDMENT

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THE FIRST AMENDMENT
Introduction
The first amendment was adopted back in December of 1791 primarily to relieve the opposition of constitutional ratification by the anti-federalists of the time. The first amendment states that "The Congress shall not make a law respecting an establishment of religion, or prohibiting the exercise thereof; or abridging 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." Breaking the first amendment down, there is the freedom of religion, the freedom of speech, freedom of the press, freedom of assembly and also the right of the citizens to petition about a particular …show more content…

The four were tried on the accusation of having tried to enforce socialist mass action and incitement through strikes as well as class action. Gitlow and the three were indicted under the criminal anarchy law of the state that required punishing of any form of utterances or publications that in any manner advocated for the overthrow of an organized government, whether state or federal through violent means or other such means that were unlawful. During the trial, the defense argued that there was no resultant unlawful action as a result of publishing and distribution of the manifesto and as such, the criminal anarchy law convicted such utterances without examining whether the form of incitement could potentially lead to any form of violence. The question that arose then is whether the state law that governed New York that prohibits utterances or publications to overthrow the government by force is a violation of the First Amendments Free Speech …show more content…

First and foremost, there is a consensus that whenever there seems to be the absence of reasons that are constitutionally valid to regulate the speech of students, then they are fully entitled to a freedom of expression provided they remain within reasonable constitutional bounds. More so, a choice by the administration to prohibit the students against expressing their opinion, in the absence of concrete evidence that permitting them would have had any substantial adverse effects on their discipline is a fundamental violation of the First

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