As seen in the CNN article (regarding Elonis v. U.S.), the Supreme Court needs information regarding previous court cases in order to make a determination in the Elonis case. They summon an Amicus Curiae brief (“friend of the court” brief) asking you to provide information about the First Amendment. Specifically they ask, “What is the current precedent concerning freedom of speech?”
Begin your response here: The 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.” These were the principles the founding fathers believed we had a right to however the government and some states believe otherwise, that the constitution is too vague and outdated so they are trying to create new laws to make it more specific to our world we live in now. The standard regarding freedom of speech is that we all have it and we can say whatever we want without any consequences conversely, there has been some court cases where they say otherwise because of many different
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Frederick case where a student got punished just for holding up a sign saying “bong hits for jesus” in a school event. This would of have been perfectly fine if he was outside of school but since he was at school the court ruled in favor of Morse because the students do have freedom of speech but not to a point where they are promoting drug use in a school is allowed. Some say that the ruling was not fair because it violates the first amendment but another case had already set a precedent where students in school only have limited freedom of speech instead of the belief ultimate freedom of speech where you can say whatever you want with no
The Morse V. Frederick case was started on January 24, 2002 when the student Joseph Frederick made a controversial banner that said “Bong Hits 4 Jesus”. Frederick’s banner was promoting the use of illegal drugs. The people involved were Joseph Frederick who was a senior at Juneau Douglas High School and Deborah Morse who was the school principal. Frederick refused to take down his banner which caused the questioning of his First Amendment Rights. A case that the Court of Appeals cited was the Tinker v. Des Moines.
In the “Bethel School District v. Fraser” case, Fraser believed that the school violated his first amendment “freedom of speech” rights. Fraser gave a speech with some inappropriate content in it and the school gave him a three day suspension because two teachers warned him before he gave the speech. Fraser took it to court and the justices said they would shorten the suspension and let him have his right to speak at graduation because the school was taking away his freedom of speech.
This case is also regularly cited in other Supreme Court cases and is often a deciding factor. It has been used in cases like Konigsberg v. State Bar “That view, which of course cannot be reconciled with the law relating to libel, slander, misrepresentation, obscenity, perjury, false advertising, solicitation of crime, complicity by encouragement, conspiracy, and the like, is said to be compelled by the fact that the commands of the First Amendment are stated in unqualified terms: "Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble . . . . " But as Mr. Justice Holmes once said: "[T]he provisions of the Constitution are not mathematical formulas having their essence in their form; they are organic living institutions transplanted from English soil.
The principal found two article that he thought were inappropriate and said couldn't be published. Kuhlmeier and her classmates were outraged and brought this case to Supreme Court. Opinion: The lower courts said denying the students from publishing the article goes against the first amendment, no matter how appropriate it is. After this case went the the Supreme Court the lower courts decision was overturned. The Supreme Court's decision came out to be 5 to 3 in favor of Hazelwood School District.
To protect the “unalienable rights (of) life, liberty and the pursuit of happiness” and ultimately the freedom of expression, the First Amendment prevents congress from restricting religion or the “freedom of speech, or of the press or the right of the people to assemble peaceably” in order to . Most importantly what the First Amendment allows is the right of the people to “petition the Government for a redress of grievances”, which allows the American people to “abolish…and to institute a new government, laying its foundation on…principles…most likely to effect their safety and happiness”, exactly as the Continental Congress did with the Declaration of
Texas v. Johnson was a major First Amendment court case. This case didn’t flip the world around but it made an impact. The case was about a man that had his rights violated when he did something that seemed illegal. This case was very important to the First Amendment law because Texas tried to say he was doing an illegal action but he was protected. The aspect of the First Amendment during this case was Freedom of Speech.
This case highlighted the First Amendment condemning any limit on free speech. However, during the case proceeding, the Court had dissents for deciding when the government may restrict the First Amendment. The case spread the fact that
The first amendment main purpose is to limit the power of the congress. It restricts them. The same limit however does not apply to us. We are allowed to express yourself without interference or constraint by the government but the government can limit both the content of speech and the ability to engage in speech as long as the government has a “substantial justification.”
In 2007, after many appeals this case went on to the Supreme Court. On June 25th, 2007, the Supreme Court had a majority vote ruling for the principal and the school as they have the right to suspend a student who is demonstrating “pro-drug messages” which go against the school 's message (Morse). Frederick 's first amendment was not broken as his freedom of speech was limited at school. Marijuana at the time was an illegal substance, and due to that, Frederick was promoting something illegal.
Based on the first amendment which states that “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.”. We the citizens of the United States have the freedom to choose and practice our religion, freedom of speech, freedom of press and freedom of petition. Although this amendment seems to be beneficial for the general public it actually does more harm than good. I do not believe that there is in fact a such thing as freedom. Freedom means the power to act, speak or think as one warns without hindrance or restraint.
Borders of the First Amendment are at the center of the legal debates about free speech and hate speech. While free speech is considered to be a basic right, as the Supreme Court has given the right to free speech. However, when such "free speech" crosses the line and becomes a threat, the courts have stepped in and punished the speaker. First Amendment does not protect free speech that has the intention of doing harm or damage.
Chapter 4 of the book We the People talks about Civil Liberties, this chapter mainly talks about the Rights that were placed in the Constitution (not in the Bill of Rights), it also talks about the Bill of Rights and it describes the rights protected by the Bill of Rights. It also talks about specific rights that work close together with the Bill of Rights and Amendments rights. One of the first Amendments that is described in great detail is Freedom of Speech and Religion. The first Amendment protects US citizens right to talk about almost any topic in the United States. I said almost any topic because there are some forms of speech that aren’t protected by the First Amendment (these forms of speech can be limited or prohibited), some of the forms of speech that aren’t protected by the First Amendment are Fighting Words and Hate Speech, Student Speech, Libel and Slander speech.
The First Amendment saves people's everyday speech rights. In fact, according to Ala.org in 1989,”This case presented the question of whether the First Amendment prevents a school board from removing a previously approved textbook from an elective high school class because of objections to the material's vulgarity and sexual explicitness.” A schools text book was to sexual and had vulgar refrences and the svhool thought the highschoolers did not need to read it. The school didn't the the book needed to be at the school and they are allowed to take away the textbook.
The 1st amendment is fundamental in a democracy, it gives each individual their opinion about a certain subject and gives the people the "power" to speak out when they find something wrong. For example, they can speak what they find wrong with our Representatives, without the retaliation or censorship of the government. You might think that you can go down the street and say whatever you like without anybody telling you can't. Hold your horse right there be aware that you can say what you want but there is certain things that the 1st amendment doesn't cover. The Supreme Court has some cases where it decided where the 1st amendment was appropriate and where it wasn't.
As human beings, we are all born with an entitlement of freedom of speech or synonymously known as freedom of expression as it is a basic human right. It is stated in the Federal Constitution and it is important for us human beings to protect our rights to freedom of speech and expression as it is the backbone for a democratic society. Having the right to express oneself freely without any restrictions is an essential part of what it means to be a free human being. Article 10 in the Federal Constitution states that; (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations.