...The first amendment of the United State of America protects freedom of speech and the publics right to peacefully assemble. 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. There has since been long debate on whether or not actions could be considered speech. Debate is always as intense when the action has to do with the American flag. The flag is generally considered to be a special symbol in the United States, which leaves the question, could an action that desecrates this symbol still...
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...The first amendment was created, so that everyone would have the right to freedom of speech, petition, assembly, religion, and press. Although, it is stated that the government won’t interfere with those rights, it is not always followed.The first amendment is not being followed in society today because young adults do not fully comprehend the first amendment and, being refused to be able to have freedom of speech. Young adults do not understand the first amendment. “Fires burned in the cradle of free speech. Furious at a lecture organized on campus, demonstrators wearing ninja-like outfits smashed windows, threw rocks at the police and stormed a building. the speech? The university called it off.” Everyone has the right to freedom of speech,...
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...• Section 1: The two amendments pertaining to the question “What powers should a judge exercise to limit news reports before and during a trial if such publicity might hurt a defendant’s chances for a fair trial?” in chapter seven, are the First and Sixth amendments. The First Amendment entails the right to free speech and free press. The amendment also includes the establishment of religion, the right to peaceable assemble, and right to petition the government. This relates to the problem presented, due to the news coverage of trails and how positive and negative coverage could potentially impact the person’s right to a fair trial as established in the Sixth Amendment. The Sixth Amendment details a citizen’s right to a speedy, fair and public...
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...Overbreadth Doctrine and First Amendment The overbreadth doctrine is best described as the principle that invalidates a law that violates the constitutional First Amendment right. The First Amendment provides the safeguard for freedom of speech and expression from government intrusion in the United States (Staff, 2007). If those freedoms are felt to be violated the overbreadth doctrine may be applied to nullify that law and possibly overturn court ruling against a defendant. “The excessive intrusion on First Amendment rights, beyond what the government had a compelling interest to restrict, renders the law unconstitutional” (West’s, 2008). If found unconstitutional, a section of the law may be revised or the entire statute could be voided to be rewritten. State v. Lilburn, 265 Mont. 258, 875 P.2d 1036 (1994) John Lilburn was found guilty in Montana by jury trial in Gallatin County Justice Court of hunter harassment. Lilburn interfered with the legal hunting of bison by standing in front of hunter’s rifle twice preventing him from shooting his target. Lilburn filed an appeal through Eighteenth Judicial District Court, which declared...
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...The First Amendment The first amendment is like the glue that holds American society together. It provides people to express themselves however they want without being persecuted for having different views. The fact that the government has no right to intervene in our personal of public life through religion or speech is what classifies this country as “Land of the Free”. Initially, This amendment gives us our basic right to express ourselves in whatever way we see fit, as long as it isn’t illegal. On December 15, 1791, This amendment along with nine other amendments was ratified to make up what is know as the bill of rights. This amendment came about at the genesis of America. Citizens of America wanted a guaranteed right to their basic freedoms. It was the layout of a new and free society. Of all the founding...
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...people didn’t want the government to have much power. But by the thirteenth amendment the government had a lot more power than before. “Americas first eleven amendments had all aimed to limit the federal government and the Twelfth had neither added nor detracted from federal authority. By contrast the thirteenth expanded the federal government’s role in broad language.” The Author, Akhil Reid Amar, of this quote is correct. My reasoning for my response is because the first eleven amendments are about how the government is restricted and cant inferred your rights. The twelfth amendment clarified the way the President and Vice President are elected. It doesn’t talk about how the government is restricted or not. When the author of this quote said that the thirteenth amendment expanded the assertion, I agree with him. In saying so section two of the thirteenth amendment states that Congress shall have power to enforce this article by appropriate legislation. This is giving the government permission and allowing it to do so. Therefore the government is not restricted now. Section 2 of the Thirteenth amendment is about how Congress has the power to...
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...As part of our nation’s Bill of Rights, the First Amendment passed on September 25, 1789, in efforts to protect our religious freedoms and 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. (US Constitution) This freedom established by our fore fathers continues to be important not only to me but to everyone in our society. So, what does the First Amendment guarantee? It helps to protect freedoms concerning religion, expression, assembly, and the right to petition. Our nation’s lawmakers, Congress, cannot promote one religion over another nor restrict an individual’s religious practices. The First Amendment allows for freedom of expression. It does not allow Congress to restrict the press or the rights of individuals to speak freely. It also guarantees the right for people to gather peacefully and to petition their government. The importance of religious freedom has been around a very long time. During our nation’s settlement, the pilgrims sought religious freedom. They wanted to find a place to settle,...
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...agree with her when she stated that “Repealing birthright citizenship is a terrible idea.” Most conservatives wish to dismiss birthright citizenship, but in this passage she explains the significance of it, and what it would do to the future of the nation. 4. One example is when she explains the origins of birthright citizenship dating back to 1898 with the Chinese. She also states the first immigration restrictions on the Chinese due to the Chinese Exclusion Act of 1882. Another example of Chavez that states upon American History is the Supreme Court Case U.S v. Wong Kim Ark. These statements support her argument by giving actual representation within early American History of a case/example involving birthright citizenship. Through her appeal to logos with these statements of American History it makes the audience evoke a much rational, cognitive response. Therefore her statements made in the story are very convincing due to a real reference from history. Style and Structure 2. I believe that the logical fallacy Chavez claims that her opponents commit is the belief that the Fourteenth Amendment was passed for the citizenship to the freed slaves, and not for the children of illegal aliens. I do not agree with Chavez that her opponents had committed a logical fallacy. At the time of the emancipation of slaves, the now freed slaves needed to somehow be citizens of America, because...
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...First Amendment: Religion and Education Grand Canyon University: POS: 500 October 20, 2015 Religion and the First Amendment An examination of the First Amendment legal issues that arise when a student turns in an essay and the displaying of religious nature for an assignment will provide insight into how the First Amendment applies to classroom assignments. Each reason will provide important insight, information, and court cases to better help in giving a view of the first amendment in regards to religion and education. Legal Issues Regarding Grading of Assignment When grading a student essay, there are some legal issue that need to be considered. As a teacher, you cannot not accept a student’s work due to it containing anything related to religion. A school district has to abide by the Establishment Clause of the First Amendment. In my school district, all students have a right to express themselves whether it is on a religious topic or something related to religion. A teacher should not grade a student’s essay on any religious topic based on their own beliefs, penalized, nor rewarded, but grade it by using regular academic standards and the content of the work (Saccopoulos, 2008). A school should never give the impression that they endorse any religious belief over another belief (Teaching Tolerance, 2014). While looking into the legal issues related to this scenario, the next step is to determine the proper displaying of student’s work. Appropriateness of Displaying...
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...lack of protection for individual freedoms. They wrote their own essays such as the “Centinel” against the federalist papers and it was to warn about the danger from tyranny. Samuel Bryan, the author of the letters of centinel, wrote: ‘Without presuming upon my own judgment, I cannot think in an unwarrantable presumption to offer my private opinion, and call upon others for their’s…” The Centinel purpose was to include a bill of rights in the new constitution and to adopt those rights. The Antifederalist achieve their goal and the federalists compromise with the bill of rights added to the Constitution. Many people say that the first amendment would not be here without the “intent of the Framers.”. But they did not adopt the first amendment. The Anti-federalist was still scared because the constitution did not really guarantee that the government could take people’s right to worship away. For example, the first amendment does not say that freedoms of speech or press shall not curtail, it only prevents...
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...The Fight for the Fifteenth Amendment The fifteenth amendment to the United states constitution prohibited the United States government to deny someone suffrage based on color or race. The fight for suffrage for African Americans was a long one and took the help of many people and their words and ideas to finally win. However, it was a small step for mankind. African American men finally gained the right to vote, but where did that leave women? Fredrick Douglass and Elizabeth Cady Stanton were two important writers dedicated to the cause of gaining the right to vote. Although their struggles were similar in nature, the difference between gaining suffrage for all races, and gaining suffrage for both sexes raised arguments between what should have been a collaborative force. In Fredrick Douglass’ essay “Learning to Read and Write” and Elizabeth Cady Stanton’s essay “Declaration of Sediments and Resolutions” there were significant shared literally binaries. First off is the underlying factor Civilized v. Uncivilized. This is relevant to the argument because they both are considered uncivilized so they can’t vote. Secondly, Mental Darkness v. Education. Douglass wasn’t able to be educated because he was a slave to a white family and it was looked down upon for him to be educated. Stanton was a woman therefore she was seen by society as less intelligent even though she wasn’t. Third is Depravity v. Innocence. Both of them were being treated wrongly by someone above them and both...
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...Essential Restrictions on the First Amendment Limitations on freedoms of society are crucial, especially in America. As Roger Rosenblatt noted in his essay, “We Are Free to Be You, Me, Stupid and Dead,” many people express their freedom of speech in very offensive and controversial ways. Often their expressions violate other amendments and freedoms as well. A few examples given by Rosenblatt included acts of freedom of speech performed by professional sports players. Many believe these were just their statements of opinion and in turn, their right as an American. However, I find them offensive to say the least. One problem with their open dialect is the position they hold in society. As a public figure, representing a professional sports team, they should not be able to vocalize such ignorant thoughts. Not only do many people in America and other countries as well, idolize them, they also represent the team they are employed by. This gives the whole team a bad reputation, among others. As an American, we all equally have the right to be whomever we choose. By stating their opinions of non-acceptance, they are violating other freedoms expressed by those they offend. In his essay, Rosenblatt made a very relevant point when he said, “Freedom is like a legal drug. How far will we go?” Limitations of our verbal freedom are not only necessary but important for our society’s wellbeing. His example of the interview with Philip Morris was a seamless example of what offends me...
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...Home Search Essays FAQs Tools Lost Essay? Contact Essay Color Key Free Essays Unrated Essays Better Essays Stronger Essays Powerful Essays Term Papers Research Papers Privacy Our Guarantee Popular Essays Excellent Essays Free Essays A-F Free Essays G-L Free Essays M-Q Free Essays R-Z Essay Topics Plagiarism Donate a Paper Women's Rights Rate This Paper: 1 2 3 4 5 Length: 467 words (1.3 double-spaced pages) Rating: Red (FREE) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Women had it difficult in the mid-1800s to early 1900s. There was a difference in the treatment of men and women then. Married women had few rights in the eyes of the law. Women were not even allowed to vote until August 1920. They were not allowed to enter professions such as medicine or law. There were no chances of women getting an education then because no college or university would accept a female with only a few exceptions. Women were not allowed to participate in the affairs of the church. They thought they were totally dependent on men. Then the first Women's Rights Convention was held on July nineteenth and twentieth in 1848. The convention was assembled as planned, and over the two days of discussion, the Declaration of Sentiments and twelve resolutions received agreement and endorsement, one by one, with a few amendments. The only resolution that...
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...This essay will discuss some of the main topics covered during this week’s readings. This essay will discuss the steps that must be taken to make amendments to the United States Constitution, the reasons the ten amendments that make up the Bill of Rights were successfully added to the United States Constitution and why the Equal Rights Amendment was not added. This essay will also discuss what ideology is and the differences between liberalism and conservatism and will lastly outline the differences between Dual Federalism and Cooperative Federalism. Let’s first discuss what steps must be taken to amend the United States Constitution. In order to amend the United States Constitution the amendments may be proposed by the United States Congress or by a national convention assembled at the request of the legislatures of at least two-thirds of the several states (Bardes, Shelley, and Schmidt, 2012, pg. 53). Another method that can be used to make amendments to the United States Constitution is ratification, although this method in the past has rarely been used, but it can occur by two methods either by obtaining a positive vote of at least three-fourths of the legislatures of several states or by having special conventions called in the states and obtaining a positive vote in three-fourths of them (Bardes, Shelley, and Schmidt, 2012, pg. 53). Congress has considered more than eleven thousand amendments to the Constitution, but only thirty-three amendments were submitted to the...
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...Law Day Essay “No Courts, No Justice, No Freedom” How Do Courts Protect Our Liberties? --- For hundreds of years the forefathers of the United States of America had been undertaking the task of creating and constantly amending a constitution that all men shall abide by. Alexander Hamilton, along with other contributors of the constitution, created essays which are better known as the federalist papers. These documents were created as a form of mutual interpretation and moral assurance between the government and its citizens with one major objective, to gain and retain the trust of its citizens. --- It is said within that no state "shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. A civil liberty is defined as an individual right protected by the Constitution against the powers that be of the government. When our forefathers assimilated to draft the Constitution they anticipated certain belligerencies that might occur between the Federal Government and the individual citizen. It was cause for these concerns that enabled them to include certain civil liberties in the Constitution endowing its citizens with certain inalienable rights. Though civil liberties were put in effect over 200 years ago, over time they have been challenged up until the present day. It wasn’t until the 14th amendment that civil liberties were finally incorporated into state governments. The primary...
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