First Amendment

Sandra Callaway
Professor Johnson
POL110
10 August 2013
Issues and controversies related to the First Amendment: An Annotated Bibliography
Nash, L. (2012). New Jersey’s anti-bullying fix: A solution or the creation of an even greater first amendment problem? Brigham Young University Law Review, 2012(3), 1039-1070. Retrieved from http://search.proquest.com/docview/1143480266?accountid=34899 In this review, Nash investigates the problem of bullying in schools. She argues that bullying in schools is becoming a difficult problem, which calls for immediate attention. Due to the implications of the First Amendment rights to students, solving this issue requires a balance between schools and legislators nationwide. Under the Bill of Rights first amendment, New Jersey enacted a legislation called New Jerseys Anti-Bullying Bill of Rights. In this legislation, schools are required to adopt a comprehensive anti-bullying policies, which are to include increased staff training on how to deal with bullying and educate them against suicide resulting from bullying, heightened deadlines for when and how to report these incidents to appointed school and district wide anti-bullying specialist. She also states that critics worry this statue imposes many responsibilities, including, inherent costs on teachers and the community but, it is successful in providing strong focus on anti-bullying education.
Jordan, A. (2004). The right of access: Is there a better fit than the first amendment? Vanderbilt law Review, 57(4), 1349-1386. Retrieved from http://search.proquest.com/docview/198930200?accountid=34899 In this review, Jordan discusses the press and public’s right of access to government proceedings and information in the writing of the First Amendment. She argues that with the Supreme Court grounding the right of access to government proceedings is unsatisfactory because it goes beyond the scope of the traditional First Amendment values and the First Amendment does not provide access to the amount of information necessary to ensure the proper functioning of the democratic government. Even though the First Amendment guarantees freedom of speech and of press only when its intention to protect government interference but not to grant the press any affirmative rights. In addition, basing the right of access in the First Amendment does not mean the press any rights above those enjoyed by citizens.
Drakeman, D. L. (2012). The religion clauses of the first amendment: Guarantees of states’ rights? The Journal of Southern History, 78(3), 701-702. Retrieved from http://search.proquest.com/docview/1033522044?accountid=34899 In this article, Drakeman explores the original meaning of the free exercise clause of the First Amendment. Because there were so many professors of law were arguing for a jurisdictional or states interpretation of both rights of both religion clauses, he wanted to show that the clause had a meaning of some sort, other than giving the states jurisdiction over church-state issues. In addition, Drakeman says Congress is prohibited from doing anything such as establishing a religion clause because that would threaten citizen’s freedom of religion and unity of the nation. Drakeman concludes that government should not establish, prefer, nor aid one church or one religion over all others and should not punish persons because of his/her religious beliefs and practices. Overall, research shows many current events and controversies about the First Amendment. With the first article, the First Amendment does not protect students from bullying in schools nor cyberspace. Because of the clause freedom of speech, many students use this as an advantage because many times these incidents happen off school grounds and some school officials are either scared to report these issues or don’t want to get involved. With the second article, there should be a different approach that would provide greater protection for the ability of the press to gather and disseminate information to the public. In addition, research shows that the First Amendment has many issues with its language. Lawmakers need to revamp the First Amendment clause so that no other citizens are affected from it.

References
Drakeman, D. L. (2012). The religion clauses of the first amendment: Guarantees of states’ rights? The Journal of Southern History, 78(3), 701-702. Retrieved from http://search.proquest.com/docview/1033522044?accountid=34899
Jordan, A. (2004). The right of access: Is there a better fit than the first amendment? Vanderbilt law Review, 57(4), 1349-1386. Retrieved from http://search.proquest.com/docview/198930200?accountid=34899
Nash, L. (2012). New Jersey’s anti-bullying fix: A solution or the creation of an even greater first amendment problem? Brigham Young University Law Review, 2012(3), 1039-1070. Retrieved from http://search.proquest.com/docview/1143480266?accountid=34899