Many people believe that the First Amendment gives the people right to say whatever they want but it’s not true. There is no hate speech exception to First Amendment. There are some kind of words which are not protected especially the fighting or insulting words or speech in which a person threatens to commit a crime that would result in death, serious injury, or damage is not protected by the First Amendment, instead First Amendment gives the right to fight against injustice, inequality and unfairness. For example Black Lives Matter movement, this movement has every right to express their feelings. The ways they are protesting are protected under the First Amendment.
Makes a pertinent observation regarding the protection of privacy, by the US supreme court, in the famous Grisworld case. Judge Douglas who announced the leading judgement on this, did not derive the right to privacy from any pre-existing right. But his judgement propounded a new right all together, which had no foundation in the bill of rights. Hereby, according to his view overstepping the duty line by pronouncing a new law rather than interpreting it. Heron’s argument however failed to win the day with many critics slamming his views by saying, liberty is a concept which is broader than privacy and issues or claims relating to privacy are a sub-set of claims to
Lynch 1 Jason Lynch Prof. Sharifian Govt- 2305-73062 11 Feb 2018 Free or Not Free The United States land of the free, and the home of the brave. The founding father who brought this nation together, so we can live in peace and harmony. Civil Liberties or Rights we as the people of the United States of America are under one nation. So no one needs to be above the law, white, black, blue, green, etc no one is above the law, I argue that civil liberties and civil rights have been take away from people, because of their skin color or cause of their religion. Civil rights and Civil Liberties both can be found written in the Declaration of Independences and in the Bill of Rights.
Freedom is something that we all want, we are all born with it. Yet there are places where freedom is not a born right, but a privilege. In the United States we have the freedom to do whatever we want as long as it stays within the law. However not all nations have this privilege like China where the government controls the internet and Russia where the news is controlled by the government. When we see and hear the amount of freedom people from other nations get, we speak to the T.Vs and the radios, saying “someone should help them”, “that’s not right”, “I could never live like that”, and yet we take our freedom for granted.
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” (US Const. amend. I). The Bill of Rights is solely on the freedom and independence granted to the citizens of America through amendments, thus developing the liberty of people. The most important amendment in the Bill of Rights calls for the freedom of speech and free exercise which develops the liberty established in the country.
This quote means people have to protect themselves from an attack, people of the right to go against government and have the right to own property and defend it. People should not be told how to live or what to do. Everyone deserves their own freedom and that is what the declaration of independence did. Everyone has rights and no one should take that from us or take advantages from us. This declaration did many changes for our world, bettered things and hopefully everyone gets aboard with it because who knows how we would be without it.
The constitution clearly states that we have the freedom of speech. If the government did censor speech, so many problems would arise. Some problems may be, how limiting our speech is unconstitutional, wars could occur. The First Amendment doesn’t take sides. Censoring speech in America is a horrible idea.
On its face, the first amendment free speech clause of the Constitution is straightforward and unqualified, providing that, “Congress shall make no law abridging the freedom of speech, or of the press.” Despite this, the United States Supreme Court has ruled that various categories of speech fall wholly outside of first amendment protection and thus merit proper censorship in appropriate cases. Among such restricted categories of expression are: advocacy intended, and likely, to incite imminent lawless action; obscenity, child pornography, true threats, defamation, fraud, and finally “fighting words”. The fighting words doctrine is a curious aberration from typical Supreme Court jurisprudence in that the Court has never upheld a single conviction on the basis of fighting words since its seminal establishment in Chaplinksy v. New Hampshire. Instead, since Chaplisnky, the Court has continually avoided finding factual support for fighting words by restoring to the overbreadth principle to strike down laws that by their construction sweep in protected speech along with proscribable speech.
Later, the due process clause was used to merge the Bill of Rights to the states. The idea behind due process is that states cannot abolish citizen’s liberties without due process. Liberty comprises of the freedom of speech, press and religion and the right to an attorney if one is suspected of breaking the law. Today, states are unable to seize freedom from individuals. The Supreme Court has used the Due Process Clause of the 14th Amendment to say that the Bill of Rights encompasses not only the states as well as the federal government.
Under the First Amendment there is no exception to hate speech; although, hateful ideas are protected just as other ideas. However, the right to free speech is not absolute. The United State Supreme Court has ruled that the government can ban some speeches that contain “fighting words,” and words that
In today’s society we as American citizens hold our freedoms very highly, particularly the 1st Amendment i.e. the freedom of speech. The 1st Amendment 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.” Although obscenity, profanity, and slander for example, is not protected, the 1st Amendment however not protect someone from impersonating a public servant, but for some reason protects an individual from impersonating a member of the military, under the guise of freedom of speech. In this paper I will discuss my reasoning as to why impersonating a member of the brave men and women in the military should be a more heinous, criminal offense.
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
Force people to vote takes away their individual rights. The democratic country will not be democratic anymore by taking away its citizens’ rights. According to Sen Marco Rubio, Florida Republican, said on Fox News, no voting is also a legitimate choice that some people make”(Sherfinski). In the United States, It is every individual 's freedom to make a choice of whatever vote or not. “The right to speak, which is protected under the First amendment, includes the right not to speak.