The First Amendment The First Amendment was written in 1791 by James Madison, the fourth president of the United States. The constitution consists of 27 amendments, which were finished on September 17, 1787. The First Amendment states that (National Constitution Center)“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 their government for a redress of grievances”. In other words, the First Amendment states that no religion can be the formal religion of the country, no law can be made that keeps us from saying what we think, everyone has the right to get together, …show more content…
(First Amendment Center) Prior to 1708, people of the Anglican and Baptist religion did not have “full liberty of worship” in Connecticut. At this time, America was still in the colonial era, meaning that the thirteen colonies still carried out the traditions and beliefs of their home country, Britain. In Great Britain, there were many religious disagreements and rivalries at this time between the Puritans and many other religions. For a more recent example, (First Amendment Center) in 2000 Boy Scouts of America went to the U.S. Supreme Court because they did not let a homosexual man lead a troop. The Supreme Court then applied the “public-accommodation law”. This is a violation to the first amendment because it takes away the organization's right to set their own rules and regulations. Every organization, small or large, has every right to make their own rules, and allow only what they want. The court ruled in favor of Dale, only by one vote. (US History, Independence Hall Association) In 1986, a Jewish girl sued her school district because there was a christian prayer at her graduation. This was considered an “establishment of religion” and she successfully sued the district because she cited the First
Why is the first amendment the most important, people may ask? It is important because it gives people the freedom of religion, the freedom of speech, and the right to peacefully assemble and petition the government. There is a boiling pot in the America so everybody is different , and with different mixes from different places. People may say what they want because of their opinion. If they feel like they need to say their words louder than others they can do that to, well now i’m going to explain to how the first amendment is the most important .
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.
§ 2000bb et seq). Free Exercise Clause of the First Amendment states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ,” and at the conclusion of the trial, the court came to a conclusion to deny Brock’s claim under this clause (Ash). Dissatisfied with the result of the ruling, Brock argued that they mislabeled his case and instead his case should have been under RFRA. The RFRA states that the United States “ensures that interests in religious freedom are protected” in which Brock felt as if he was stripped of this protection. He drew on Gordon v. Leeke, 574 F.2d 1147, 1151(4th Cir. 1978)), in which “the district court was required to carefully examine a pro se complaint to determine whether it alleged any "constitutional deprivations” (Luttig).
The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable
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.
When you think about the first Amendment of the United States Constitution it ensures the peoples privilege opportunity of religion, and flexibility of expression from the government. Because this opportunity of expression comprises the rights to be able to speak freely, get together, and to appeal to the legislature for a change of grievances, and the inferred privileges of affiliation and conviction. The First Amendment has two procurements concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment statement forbids the administration from "building up" a religion. The exact meaning of "foundation" is hazy.
On June 25, 1962, a Supreme Court case, Engel v. Vitale, 370 U.S. 421, was decided. The lawsuit was brought to the United States Supreme Court by parents (of students who attended schools in the Herricks School District) who complained that a nondenominational prayer instituted by the New York Board of Regents in their district was unconstitutional. The parents argued that the prayer, although optional, violated their First Amendment Rights. When the 6-1 (two justices did not vote) decision was made, it was ruled that voluntary prayer in public schools violates the Establishment Clause in the First Amendment of the United States Constitution. One concurring opinion was given, and the single judge that did not vote the same as the rest provided
The Importance of the 1st Amendment In 1787 our founding fathers assembled the constitution of the United States of America. Of this which contains the most important document to the American citizen, the Bill of rights. 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 freedoms granted by the Bill of Rights are often known as freedom of expression. These rights are most important to a truly free society. The first amendment provides us with new ideas and dismisses the fear of punishment
The First Amendment to the United States Constitution states “Congress shall make no law…abridging the freedom of speech”. Some people in today’s time would argue the first amendment is one of the most important listed in the Bill of Rights. Many forms of speech are protected by the first amendment that one wouldn’t think would be such as flag burning and “adult videos”. Over the years there have been many different court cases that have debated and fought the forms of speech that are protected. Many people in society treat speech differently and this is given in the United States because there are such diverse groups throughout the nation.
The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. What the First Amendment allows American citizens is the freedom to practice their religion, freedom of speech, freedom of the press, freedom of assembly, and the freedom of the right to petition. America does not have a state-wide, announced religion but the early colonists were mainly protestant, therefore, Christianity continued through each generation until now. Christian practices are accepted as the norm in the United States whether
In 1962, the Supreme Court case “Engle v. Vitale” ruled that school prayer could no longer be performed in public classrooms because it was offensive to some families’ religious beliefs. The arguments revolved around the different interpretations and understandings of the 1st Amendment that stated, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;” Those opposed to school prayer claimed that it violated their personal/religious beliefs; because their children were forced to pray to a God they did not believe existed. They thought that religious activities should be separate from government policies and remain a “function to the people themselves.” On the other hand, those supporting
The First Amendment was written because American citizens demanded a guarantee of their freedom. This led to James Madison writing the First Amendment. The First Amendment was established when the Founding Fathers wanted to guarantee that the Americans ' basic civil liberties would not be threatened by the government. The First Amendment was confirmed, along with nine other amendments,to the constitution of the United States. 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.”
In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.
“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.” -First Amendment, Bill of Rights James Madison, the author of the Bill of Rights, granted every American citizen the rights to freedom of religion, speech, press, assembly, and petition through the First Amendment. Perhaps the most controversial of these freedoms throughout history is the freedom of religion. The strength of the First Amendment was tested in the landmark case of Engel v. Vitale in which ten students spoke out against