First Amendment Vs Fourth Amendment

First Amendment Vs Fourth Amendment
What exactly is the First Amendment? Its gives the people of the United States of America the right
of freedom of religion, assembly, speech, and right to petition. The First Amendment is applied to
the entire Federal Government, although its only applicable to Congress. In addition the Fourth
Amendment protects the First Amendment because of the due process clause, and protects the rights
from intervention by the state governments. Two clauses in the first amendment assure freedom of
religion, which forbid the government to establish one religion or preferring one religion over
another. According to Justia "the free exercise clause prohibits the government, in most instances,
from interfering with a person's practice of their religion" (Justia. ... Show more content on
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A game changer was that the court infringed their First Amendment rights. Which in the First
Amendment it states that people have the right to practice their religion. The case was at a whole
new stage, and now was viewed at a different point. According to Justia "The Oregon Supreme
Court held that respondents' religiously inspired use of peyote fell within the prohibition of the
Oregon statute, which "makes no exception for the sacramental use" of the drug. 307 Or. 68, 72–73,
763 (1988)" (Justia. U.S Supreme Court). In which later the court later concluded that both men
could not be denied unemployment benefits just because they were practicing their religion. Stated
in a Gale Article "Prior to this ruling, in a line of cases going back thirty years, the Court had
consistently declared that governments could not, without "compelling reason," infringe on the free
exercise of religion. Those rulings upheld the rights of individuals who, for religious reasons, would
not work on the Sabbath or, in the most famous of these cases, of the old–order Amish who refused
to send their children to state–run schools"(Court, U.S Supreme. Employment Division v.
... Get more on HelpWriting.net ...

Importance Of The First Amendment
The First Amendment tells us that every single person has the rights to speak freely without the
government interfering with his or her rights. Each person has a freedom to voice their beliefs about
Christianity. According to the First Amendment the government cannot keep any person from
establishing a Church Ministry, we as the Creation of the Creator has the choice to practice (or not
to practice) any faith without the government involvement. We were created to praise and serve
Jesus Christ. No one has the ability or the authority to stop what was put in place by God Almighty.
Men seem to try, but that's all man can do is try. The government in no ways can keep people from
meeting or gathering in public places to discuss their faith and beliefs. For example, every year on
the third Monday, of January, the people all around come together to celebrate the late Dr. Martin
Luther King, Jr. National holiday. The people do not just march, but they carry signs, protested by
expressing their viewpoints in a non–violent way. This is why I not only feel but believe that the
First Amendment was written as a means of protecting the Church from the state. Protecting the
people rights to serve Christ is a privilege that the government cannot come against. ... Show more
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Michael Whittington stated this, "That our God giving rights to serve God whether others believe or
not; we have the rights to disagree with others religions." It is our Constitutional rights to serve
Jesus Christ as our personal Savior. Everyone has freedom of speech; therefore, he or she has the
right to choose which religion they want. Carter stated this about the Establishment Clause–
Protecting the Church, "In particular, we know that for most members of the Founding Generations
the idea of separating church from state meant protecting the church from the state,– not the state
from the

The Argument Of The First Amendment
The purpose of the First Amendment is to "ensure against government intrusions on personal
freedoms such as freedom of religion, freedom of the press, free expression, freedom of association,
and freedom of assembly (Michigan State University)". So with the first amendment preventing
against government intrusions on religion could a football coach at a public high school lead the
players in prayer before a game? Well the answer is no, it is against the law for schools to sponsor or
endorse speech. Therefore a coach is not allowed to engage in any activity that the school itself is
forbidden from doing. Since the early 20th century many lawsuits have been brought forth
challenging mandatory prayer and bible readings in schools, arguing that students should not be
forced to practice any religion other than their own. Since then, the Supreme Court has ruled
repeatedly that, "prayer in schools, Bible readings, and other such religious practices are violations
of the First Amendment (Find Law)". The decisions of the Supreme Court stand as huge "milestones
between federalism and states ' rights (Find Law)". In the mid 90's, at Santa Fe High School in
Texas, a student had been elected to deliver a prayer over the loud speakers before every home
varsity football game. In 1995 two sets of families took exception to this, and filed suits challenging
the schools practices, one Mormon and the other Catholic. These families believed that it went
against the Establishment Clause of the

Superiority Of The First Amendment
Although a Bill of Rights was not an important factor to the Founding Fathers after the Declaration
of Independence in 1776, it was realized that certain rights must be employed for the citizens of
America. James Madison insisted that the success of the Declaration hinged on the Bill of Rights to
keep American citizens safe from unfair treatment of the Federal Government; in December of 1791
the Bill of Rights was officially added to the Constitution. There were ten amendments added to the
Constitution that provide citizens with unalienable rights, such as the right to bear arms, remain
silent so as not to incriminate oneself in court, to defend against search and seizure, among several
others. This paper will focus on the First Amendment: ... Show more content on Helpwriting.net ...
When travelling to another country, there are certain customs one must follow, a certain way to
speak. Since America started with so many different cultures, it is a land with languages that range
from Arabic to Chinese, Japanese to Spanish. The first amendment gives citizens the right to speak
in whatever language they so choose, and to say whatever they want to say without fear of
prosecution. The freedom of speech plants a seed filled with ideas and allows the thinker to put
those thoughts and ideas out into the world for others to deliberate. When these roots take hold, they
become movements, broadcasts and

The First Amendment : The Second Amendment
The First Amendment The first amendment is one of the most used amendments today. Everyone in
the world uses it and sometimes takes advantage of it and most times uses it when needed to. The
Bill Of Rights was created on December 15th of 1779 and was created to make some rules in the
future because no one had the freedom to do anything. Most were punished if they spoke their
opinion, they did not even have the right to choose their own religion. But that all changed when
James Madison wrote the Bill of Rights which is our first ten amendments. The First Amendment is
and always will be the most used amendment today. One of the reasons is that people are always
taking advantage of it. One way is that people try to use it as a joke most of the time and that is one
way for someone to ruin it. Another reason is because of social media. An example is somebody
goes on Facebook™ and posts something hateful and then they get in trouble for it and they use the
excuse saying they believe that the First Amendment gives them freedom to say whatever they want
to say. Then they get in trouble and then they will blame the first amendment because no one told
them to write that they have the freedom to say what they want it is just are able to risk putting it
online line to get in trouble. Another reason is they use it in everyday conflicts. Say if someone were
to yell fire in a crowded place they would get in trouble because it could cause an injury, but they
have to suffer the consequences

Essay On First Amendment
R.I.P. Free Speech The First Amendments is a blessing that the United States is fortunate enough to
have. First and foremost, First Amendment protects the right to freedom of religion and expression,
without any government interference ("First Amendment" n.p.). The freedom of expression includes
the right to free speech, press, assembly, and to petition the government for a redress of grievances
("First Amendment" n.p.). Redress of grievances guarantees people the right to ask the government
to provide relief for a wrong through courts or other governmental action ("First Amendment" n.p.).
People are allowed to practice their own religions and do not have to conform to one religion, all
because of the First Amendment. People's rights are protected with no government interference. In
today's society though, people are starting to become extremely confused on what the First
Amendment actually covers. For example, burning the American flag in a protest is actually
protected by the First Amendment, but many people see burning the ... Show more content on
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Unfortunately, some people use this freedom to offend others. Though it can hurt others, there is
nothing that can be done to stop people offending others. The truth is that the First Amendment is
necessary. Free speech separates superior ideas from abominable ones and is the best defense
against controlling government ("First Amendment" n.p.). "You don't have to love the First
Amendment just acknowledge that we all need it" (Nott n.p.). This proves that, without this
amendment, the government could freely restrict what the people hear, see, and read. Therefore, the
only valid solution is for the people to change, not the First Amendment. If the First Amendment is
changed, people will have to forfeit some of their rights to the government. The whole point of the
First Amendment is to protect speech from government interference and changing the amendment
will only take power from the people (Nott

Essay on The First Amendment
The First Amendment
America was built on freedom. Freedom to speak, freedom to choose, freedom to worship, and
freedom to do just about anything you want within the law. America's law was designed to protect
and preserve these freedoms. The reason the United States of America came to exist was because the
colonists fled Great Britain to get back the freedoms that were taken away from them by the
Monarchy. In countries where Monarchies and Dictatorships rule, there is little if any freedom to
speak of. Citizens of these countries are persecuted or even killed if they attempt to exercise any of
the basic freedoms. In these countries there is no free speech, no right to choose government, no
right to express religion, no right to own ... Show more content on Helpwriting.net ...
Even in the early stages of American history there was an urge to put legally protected freedoms into
written government documents. The result was the drafting of the first ten amendments to the
Constitution, the Bill of Rights, by James Madison. The applications of the personal freedoms
described in the Bill of Rights, particularly the freedom of speech, have been challenged repeatedly
in American courts of law and elsewhere. These incidents and challenges of authority reflect the
defensive American attitude toward the ever–important freedom of expression and the growing
significance of personal rights throughout American history.
Without this amendment, women would have never had a voice in political issues. Dr. Martin Luther
King would have never made his famous "I Have a Dream" speech that influenced millions. The
press would have never been allowed to cover the "private affairs" of president Bill Clinton. The
American citizens would never be allowed to protest, picket, rally, or make any attempt to influence
the government. The framers of the Constitution were aware of consequences like these, and, in
making an effort to preserve the freedom that America had fought so hard to obtain, added this and
many other amendments to the Constitution.
In American tradition, the value of the individual, and individual opinion, is held in high esteem.
Free expression is the means by which consensus is reached and central authority is balanced. In this
democracy,

Amendments Of The First Amendment
First Amendment: 1. The first amendment addresses that people have the freedom to practice and
engage in a religion and the government cannot impose on this right. This same amendment also
states that we have a right and freedom of speech, press, petition the government and also peaceful
assemblies of people (so protest or even walks for different causes). 2(a): In North Carolina, there
was a law that banned sex offenders from using social media in efforts of deterring them from
preying on people through the means of the internet. Although this would sound great to a majority
of people who cannot support these evil individuals, the Supreme Court decided that by taking away
someones privilege of using social media, it was inevitably taking away their right of free speech.
The Court also went on to doing away with this law in North Carolina. This court case was
Packingham vs. North Carolina (http://www.newseuminstitute.org/first–amendment–
center/supreme–court–cases/) 2(b): In Missouri a church was deemed ineligible for receiving public
funding because it was a place of religious worship. The Supreme Court said that this imposed on
the churches first amendment rights because this church qualified for some funding and even though
it was a house of worship, the first amendment allows them to practice religion freely without any
government intervention. This also led them to say that they were eligible for funding and should
have received it.

What Is The First Amendment?
What is cyberbullying? Though it is a pressing issue, few truly understand the term. What is the first
amendment? Contradicting the first answer, most citizens may answer fully informed pertaining to
one of the most well–known amendments. amendment is widely known to most citizens. Many
people use their freedom given with the guarantee of freedom of speech; however, cyberbullying
problems threaten to denounce this long–standing freedom. The true question is whether online
bullies should receive prosecution despite overlooking a promised freedom. Although cyberbullying
is beyond wrong, taking away an important right of an American citizen is also morally wrong.
Cyberbullying is a major complication, but punishment should not be given ... Show more content
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The First Amendment has high importance and guarantee coming from our founding fathers. The
Constitution promises its citizens that those rights will never be taken away, regardless of what is
said. It is too significant to overlook. Cyberbullying also may contain its own positives. Not only
would it be seen by powerful and disapproving adults but also influential peers for both the bully
and the bullied. It could lead to independent fixing. Although many believe in government
consequences, education itself could finish the pressing problem in today's youth. What, if any,
prosecution such as jail led to the termination of the one thing it was meant to stop? So then, why
would prosecution for cyberbullying be any

The first amendment formed our country and brought us together to be the free country we are. The
first amendment talks about how we get the freedom of religion, freedom of speech, Freedom of
press. Amendment 1 is the most important Amendment because it doesn't allow Congress to make
laws about respending religion, or prohibiting the free exercise thereof, and abridging the freedom
of speech or press.
The freedom of religion is important to us because it lets us learn our religion freely so we don't
have to worry about the country saying. "We are going to only have the religion of the church of
England." or something like that. " In some instances, they have been seen to erect a spiritual
tyranny on the ruins of the Civil authority; in many instances, they have been seen upholding the
thrones of political tyranny; in no instance have they been the guardians of the liberties of the
people."(THE ESTABLISHMENT CLAUSE: A CHECK ON RELIGIOUS TYRANNY) This talks
about how different religions were getting spiritual tyranny. The people didn't have liberties and
were forced to follow one religion or they would've been criticised. "For him, America was not a
"Christian nation," but rather should recognize the equality of all believers, whether "Jews, Turks,
Pagans [or] Christians." "Government should protect every man in thinking and speak freely, and
see that one does not abuse another." He proposed an amendment to the Massachusetts Constitution
in 1794 because of the "evils . . .

First Amendment Limitations
The first amendment is one of the most notable rights that Americans have. However this right has
often been debated in court.
The first 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." People all around world were persecuted because they voiced their opinions about their
religion and/or politics. It would be hypocritical for people like John Adams and Patrick Henry to
voice opinions about fighting for independence during the Revolutionary War and then say that you
can't speak freely. It would ... Show more content on Helpwriting.net ...
That applies greatly to the freedoms of expression guaranteed to us by the Bill of Rights as well.
Over the years, court cases have specified what Madison meant when he wrote that citizens would
have freedom of speech, religion, press, and assembly. We all follow the same basic restrictions on
freedom of expression which fall into the three categories of time, place, and manner. When looking
into the potential limits of freedom of expression, you must understand the cause and effects of the
people using those rights on the people as a whole. In Abrams v. United States, the defendants threw
leaflets out the window that contained material that were said to be against the U.S.'s actions to
impede the Russian Revolution. The court found them guilty for resisting the war effort and calling
for the curtailment of war products. Was this a violation of the defendant's right to freedom of
speech? No, this was not a violation of the first amendment to freedom of speech because it was
claimed that there was a call for violent action or a riot during a fragile time in the U.S. Although
cases in which freedom of speech are discussed are often highly controversial, it is only because of
the importance of both the freedom of speech as well as the limits on freedom of

Rights Of The First Amendment
Rights of the First Amendment
Countless Americans today don't appreciate our nations bill of rights that our founding fathers
included into our nation's constitution protects our own rights. Of all the 10 amendments in the bill
of rights the 1st amendment protects our personal rights the most. The first amendment established
the right for all Americans to have the freedom of religion, speech, and the press. This amendment
essentially forbids the government from restricting an citizen from its own free exercise of religion,
impeding one's right of freedom of speech, and to restrict the freedoms of the press. In this essay I
will talk about why this amendment is so important to American citizens rights.
The first amendment is important in many

The First Amendment Rights
Our world is changing and so are our rights. The First Amendment, freedom of speech, is taking the
world by storm. Whether it be at sporting events or on college campuses, our First Amendment
rights must be upheld. College is meant to provide each student with knowledge; ensuring they
experience viewpoints from thousands of people, and taking away our First Amendment rights is
taking away our opportunity to learn and further our education. 2017 isn't the first time the First
Amendment has been brought up for debate on college campuses. Kent State is one of the most
violent and unconstitutional violations of First Amendment rights on a college campus. The spirited
young adults protesting the war at Kent State were not rebelling, they were only sharing the
knowledge they valued deeply. "Students were killed and nine injured when members of the Ohio
National Guard opened fire during a demonstration protesting the Vietnam War." (Rosenberg). The
students protesting the Vietnam war were giving others the opportunity to see something from a
different perspective; this is the goal for liberal education. These student's ideas were suppressed and
limited because they were not popular ideas. The goal of getting a higher education is to expand
your thoughts and experience different beliefs. Not only were lives taken this day, but opportunities
to learn and change the world. The Kent State students were only trying to help others understand
their antiwar convictions. Taking away these

The first amendment protects citizens' rights to peaceful assembly and to petition the government
for a grievance. This amendment was ratified along with all of the amendments included in the Bill
of Rights in 1791. This amendment list many rights given with this amendment like free speech, free
press, peaceful assembly and redress of grievances. Many difference types of speech is protected:
political speech, commercial speech and even hate speech. There are some exclusion to free speech
like fighting words, true threats, obscenity and child pornography. The founding fathers listed this
amendment first because of the Puritans who left England. England was ruled by a monarchy, which
limited many things they were able to do. One of those was

The First Amendment In Five Amendments
The first amendment is as powerful as a weapon, without it citizens would not have the power to
petition or peacefully protest our opinion or thoughts. Meaning that us as a society would be
powerless and have no say in our government, or how it's run. Any person who habitats in this
country has the liberty to say how they feel thus having the power to be heard. The constitution was
written during the 1700's, from authors who have personally felt and lived through the inability to be
vocal. Many people believed during that time that every citizen is entitled to basic human rights,
leading to the framers creating a document which is composed of the first ten amendments now
known as "The Bill of Rights". ("History of the First Amendment." JEM ... Show more content on
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Relating to a recent case called Elk Grove Unified School District v. Newdow (2004). ("Elk Grove
Unified School District v. Newdow." July 2008, www.oyez.org/cases/2003/02–1624") This case is
still a controversial topic today. Michael Newdow petitioned the Pledge of Allegiance, claiming that
the fragment stating "under God" is a violation to his first amendment right. His petition reached
thousands of followers and eventually was received at the Supreme Court. The court disagreed with
his case and labeled it constitutional. The reasoning behind the final ruling decision was that
Mr.Newdow's daughter has no obligation to participate in the pledge if she does not wish to. An
even more recent case was McCullen v. Coakley (2014) which is based on another controversial
topic that divides the nation, abortion. ("McCullen v Coakley." {{meta.SiteName}},
www.oyez.org/cases/2013/12–1168.) This case took place in Massachusetts at a Planned Parenthood
center. The state created a law that prevents pro–lifers from protesting about 20 feet from the
facility, as there was obviously commotion from the protestors. The Supreme Court named the state
law constitutional and defended the decision. Stating how the problem was the location of the
protest and not the actual speech

The Second Amendment To The Constitution And The First...
]The constitution, it is quite possibly the largest piece of the puzzle that makes America what it is.
This document allows the American people to be who they are. The constitution and its amendments
outline the rules that are to be followed by and the rights that are given to the people and the
government. The first amendment to the constitution is one that never seems to be debated itself, but
its interpretation is often times debated. In saying this I mean that most everyone agrees that people
should have the right to free speech, but what is often debated is where to draw the line. The
question is, what is the difference is between someone using their right to free speech and them
spewing hate speech. The first amendment is quite possibly the most important to maintaining our
form government. It allows us, the people to have a say and speak on political topics among other
things. The full first amendment, which was officially put into place alongside the second
amendment in 1791, is made up of, for the most part, two basic points. It touches on religion and
preventing freedom of speech or press "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." The first of these points that touches on religion was first formed based upon one of the
main reasons that

First Amendment Argument
A controversial issue I've seen pop up within the past few years, is that of the pledge of allegiance
being said in classes. As with prayer in schools, the issue that people have is that they claim it is
unconstitutional as the phrase "under god" violates the first amendment right to freedom of religion.
The opposing view point argues that it is disrespectful and unpatriotic to not say the pledge, as
people have died to protect us. Another point made against the view that it violates the first
amendment, is that it only states "under god" not pointing to one specific religion. This debate has
been going on since the early 2000's. several appeals have been filed to the supreme court as seen in
Newdow v. U.S. congress. Where Michael Newdow tried

The 1st Amendment : The Rights Of The First Amendment
In the United States Constitution, the First 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" (Gold). Historically, as demonstrated in cases such as
Hazelwood v. Kuhlmeier, the U.S. Supreme Court, as well as the government in general, has well–
upheld this amendment, but starting sometime in the second half of the 20th century, they are slowly
embracing it less and less, as demonstrated in cases such as Texas v. Johnson. The recent hostility
towards the First Amendment demonstrates that its rights ... Show more content on Helpwriting.net
...
The ruling of Tinker. V. Des Moines is a good example of how well the Supreme Court used to
highly value First Amendment rights. In the early Supreme Court case, which happened in the
1960s, seven out of nine justices, the vast majority of the Supreme Court (Gold), voted in the
students' favor. This fits in with other early Supreme Court rulings, such as the 1940 court ruling in
Thornhill v. Alabama where they stated that First Amendment rights applied to picketers as long as
they did not cause property destruction or harm others (Gold), or the ruling in West Virginia v.
Barnette later in the 1940s in which the court stated that "students also had a right to express
themselves symbolically" (Gold). Early U.S. Supreme Court opinions supported Americans' right to
symbolic speech as long as it did not cause a "clear and present danger" to others (Gold), and the
fact that the aforementioned early rulings were in favor of this right supports this. How often the
Supreme Court voted in favor of the First Amendment in the era Tinker v. Des Moines took place
shows that they used to highly value First Amendment rights. In addition to demonstrating that the
Supreme Court used to be highly in favor of the First Amendment, Tinker v. Des Moines
demonstrates that the First Amendment does not harm anyone. According to the Supreme Court,
there was "no evidence whatever of petitioners' interference, actual or nascent, with the schools'
work or of collision with the rights of other

The Importance Of The First Amendment
Throughout the years of US jurisprudence, the Supreme Court has interpreted the First Amendment
to allow latitude to speech of the press and of the people. However, the restrictions on speech the
Court determined to fall outside the limits of permitted speech and therefore considered
"unprotected speech" include fighting words, incitement to imminent lawless action, defamation,
solicitations to commit crimes, child pornography, blackmail, perjury, obscenity, and false &
misleading commercial speech. To look back at recorded foundations of the first amendment
regarding speech – words used to incite imminent lawless action, can be seen in Brandenburg v.
Ohio (1969). The U.S. Supreme Court held that "the constitutional guarantees of free speech and
free press do not permit a State to forbid or proscribe advocacy of the use of force or of law
violation except where such advocacy is directed to inciting or producing imminent lawless action
and is likely to incite or produce such action." That is to say, a state can't stop free speech unless
there is imminent danger of inciting violence. ... Show more content on Helpwriting.net ...
United States

The First Amendment Essay
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 assemble
peacefully, and to petition the Government for a redress of grievances.
The first and the most significant of the amendments to our Constitution is the First Amendment.
"The amendment that established our freedoms as citizens of our new confederation." The First
Amendment insures freedom of speech and of the press. The First Amendment ratification was
completed on December 15, 1791. This happened when the eleventh State, which is Virginia,
approved this amendment. At that time there were fourteen States in the Union. There are many ...
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The First Amendment guarantees freedom of religion. This is a part that is often taken away from
individuals. A frightening but clear example of this was the Holocaust. Million of Jews were forced
to hide their religion and to be ashamed because of one man that though it wasn't the right way to
live. The U.S. Constitutions makes it so that this will never occur in The United States. Another
example that shows breaching and use of two different sections of the constitution is the KKK. This
organization commits crimes and puts down certain people just because of their religion. These
people are making it so that some would not want to show their heritage and what they believe
because they are scared of ridicule. The KKK although violent and seemingly evil actually uses The
First Amendment every time they meet. Some hate the KKK but it is their right to organize and say
what they feel. No one can stop them from saying what they think of a certain religion. Some feel
that there should be limitation on freedom of speech but then would our country truly be free?
Often, children need to have the material they watch censored, because they themselves cannot
distinguish how raw the material they are watching is. Youth should be protected, as well as people
of all other ages from that kind of raw material. An interesting quote on censorship reads,
"Censorship reflects a society's lack of confidence

First Amendment Paper
First Amendment Paper
The First Amendment is part of the Bill of Rights. The Bill of Rights is our rights as citizens living
in the United States of America. In this paper I will look at three provisions to the First Amendment,
highlighting one case for each provision. Included are one case to discuss freedom of speech, one
case to discuss separation of church and state and one case to discuss freedom of association.
1.) Discuss at least one Supreme Court case of significance related to three of the provisions of the
First Amendment.
Case number 1: Cohen v. California, 403 U.S. 15 (1971), this was a United States Supreme Court
case dealing with freedom of speech. The United States Supreme Court overturned a disturbing the
peace ... Show more content on Helpwriting.net ...
This case affects all of us today because it prevents local and federal government determine what is
appropriate or over the line when we are expressing ourselves.
2.) Discuss at least one Supreme Court case of significance related to three of the provisions of the
First Amendment.
Case number 2: McCollum v. Board of Education, 333 U.S. 203 (1948), this was a United States
Supreme Court case dealing with separation of church and state. This case was argued at the United
States Supreme Court to the power of a state to use tax money to support public schools to provide
religious instruction.
Vashti McCollum an atheist objected to the religious classes being provided by the Champaign
public school district. McCollum argued that the school district violated the First Amendment, the
principle of separation of church and state.
a.) Why did this case have to be heard and interpreted by the Supreme Court?
McCollum v. Board of Education, 333 U.S. 203 (1948) was first decided in the circuit court of
Champaign County in favor of the school district. McCollum then appealed to the Illinois Supreme
Court that held the lower court's ruling. McCollum finally appealed to the United States Supreme
Court that agreed to hear her case.
The Courts decision was in favor or Vashti McCollum by a vote of 8–1ruling that the religious
classes was unconstitutional. Justice Hugo Black stated

First Amendment Limitations
Our Founding Fathers constituted our Bill of Rights to ensure that the people who risked and
jeopardized their lives to establish the United States of America have freedom and integrity, and that
they do not have to worry if they have the right to carry a gun or if they can protest without
worrying that they will be arrested and sent to jail. However, one amendment that many schools
struggle to define is the First Amendment. The First 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," (Constitution ... Show more content on
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In each of these, different limits were established and used, how can we argue about the limits for
Freedom of Speech in schools when schools haven't yet defined those

The First Amendment
Griselda Avila Pima Writing 101 May 10, 2016 PAPER 4 What I think that the first amendment is
that The federal government will do nothing to prevent the expression of thoughts to the ones which
are interested in listening to or studying approximately them, nor will it do anything to promote or
stifle the exercise of any spiritual religion. Nor will it save you the residents from peacefully
protesting or expressing dissent. Which can also suggest by way of the first amendment guarantees
freedom of faith, however, there are several other freedoms assured there as nicely. Congress is not
allowed to create a "state" faith, or make any sort of regulation to maintain human beings from
expressing their own nonsecular views. It additionally can 't make a law that would preserve a
person from saying or publishing what they wish; it likewise can not prevent people from
assembling peacefully, or from asking the authorities to accurate problems. the first change has five
components to it; freedom of speech, faith, press meeting and petition. Freedom of speech gives
people The right to free speech, which is one of the most precious rights an individual has as a
citizen of the United States of America. This right gives people the opportunity to speak their mind
and give their opinions of what they think should happen. These rights have been questioned and
exercised throughout history and have produced extremely positive things in a lot of cases. The
questioning of these rights are

The First Amendment
The First Amendment of the United States Constitution 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." (Amendment I, U.S. Constitution). It is likely the most
notorious Amendment out of the entire Constitution; however is it still relevant in today's world?
The simple answer is yes–– it is just as applicable and needed as any other Amendment within the
Constitution. Without it, religious minorities could be persecuted, protesters could be silenced, the
press could not criticize government, and citizens could not ... Show more content on
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Freedom of religion supports the right of a person or group to practice their religion in public or
private. This is important because nobody should be told how to practice his/her religion or what
religion to follow. We are all different, and we all see religion differently and are entitled to make
our own choices pertaining to it. Freedom of speech is the right to communicate one's ideas. There
are some limits to this, though, which are acceptable and just (i.e. obscenity and incitement to
commit a crime). Freedom of speech is the right I value the most. It lets me state my professional
and opinion without having to face consequences based on it. I am as entitled to my opinion as
anyone else is and that is acceptable within society. In addition, so many different circulating
opinions exist in the U.S., which makes for a diverse and strong–minded country. Freedom of the
press is the right to convey ideas through writing and other forms of expression. We can get our
point across through many different ways and the truth is readily available. We are able to form our
own opinions and have choices as compared to a centralized source that just lets us hear what they
want us too (i.e. a totalitarian form of government). Not only does the First Amendment of the
Constitution represent the values the Founders hoped America to achieve, but it also allows us to be
ourselves and form a strong, informed public and

Essay on The First Amendment
The First Amendment is the first section of the Bill of Rights and is often considered the most
important part of the U.S Constitution because it guarantees the citizens of United States the
essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition
the Government. Thanks to the rights granted by the First Amendment, Americans are able to live in
a country where they can freely express themselves, speak their mind, pray without interference,
protest in peace and where their opinions are taken into consideration, which is something not many
other nationalities have the fortune of saying. The Founding Fathers were the framers of the
Constitution of the U.S., and the responsible for the ... Show more content on Helpwriting.net ...
Constitution. When the Constitution was written in 1787, it left out individual rights for citizens
which led to the refusal of many states to ratify it. The Constitution of the U.S. was made to embody
the fundamental principles of a government but the lack of a Bill of Rights was the main reason why
many opposed the ratification of it. As stated in the Article VII, "the vote of nine states shall be
sufficient for the establishment of the Constitution as the principal document uniting the states," but
in 1788 only four had states ratified it. At the time of the ratification, there was a debate between
those who supported it, the Federalists, and those who opposed it, the Anti–Federalists. The
Federalists argued that individuals' rights were already protected by state constitutions, and that not
listing these rights did not mean that they were inexistent as natural rights, which explains why First
Amendment rights were initially not included in the Constitution. On the other hand, The Anti–
Federalists strongly disagreed and feared that the increased strength of a national government would
lead to an abuse of individual rights. These disputes finally initiated the draft of a new charter for the
Constitution of the United States that included The First Amendment as the first section under the
Bill of Rights. The leading man for this draft was James Madison, of Virginia, who is often
considered "the father of the Constitution" because of his

The First Ten Amendments Of The First Amendment
On the cold night of March 5th, 1770, a mob of American colonists were protesting outside the
Customs House in Boston. One colonist threw a snowball hitting Private Hugh Montgomery.
Montgomery replied with a shot into the crowd. This led the rest of the British Army soldiers to
shoot into the crowd killing five people in an event that would later be known as the Boston
Massacre (Foner and Garraty). After this protest, more and more taxes were levied against the
colonies, particularly regarding tea. To add, trade with nations besides Great Britain was prohibited.
These affronts were met with the tarring and feathering of British tax collectors and the infamous
Boston Tea Party. As a result of this, Massachussetts was essentially ruled by martial law. This
finally culminated with a declaration of independence by the Second Continental Congress on July
4th, 1776. The United States of America was formed.
Due to the British oppression, every American, including our founding founders, wanted greater
protection of their rights. To accomplish this, James Madison drafted the Bill of Rights and by the
end of 1791, every state had ratified the first ten amendments. The First Amendment is primary, not
just because it is at the beginning, but because it articulates the First Freedom and the nature of that
freedom. It 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." By
connecting the freedom of religion with the freedoms of speech and press, the First Amendment
showed the people of America what it is to be a human (Bill of Rights).
The first part of that amendment is the result of the Founding Fathers' experience with the long
history of religious strife in Europe such as the French Wars of Religion, the Thirty Years' War, and
the Crusades. They realized that religious disagreement can be counterproductive and create
setbacks in politics. It would be even worse if one religious group was favored. So, they ensured that
the federal government cannot interfere in the citizen's personal

The First Ten Amendments
The first ten amendments are good to know in our Constitution. James Madison created the Bill of
Rights which was influenced by George Mason's 1776 Virginia Declaration of Rights. The
amendments form the central core of our government and law. They are a fundamental document of
our rights as citizens. Understanding the ten amendments is very important. Each amendment is
important to our nation and gives us individual freedoms. The first three amendments deal with the
people's freedom. The first amendment states , "freedom of religion, speech, and the press; rights of
assembly and petition." (condtitutionfacts.com) This means that people have the right and freedom
of Religion, press, speech, assembly and petition. Amendment two states "Right to bear arms"
(condtitutionfacts.com) It gives people the right to bear or own weapons for our personal lawful use.
The Third amendment says "No soldier shall, in time of peace, be quartered in any house without ...
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The fifth amendment is the"right to due process of law, freedom from self–incrimination, double
jeopardy."(calpoly.edu) This amendment means that we have the right to a lawyer and that once tried
for something and found not guilty, that we cannot be tried for the same thing again. It also means
that you can chose not to testify if you will incriminate yourself. Sixth amendment is "In all criminal
prosecutions, the accused shall enjoy the right to a speedy and public trial." (nccs.net) If you are
accused of something you will be tried for it in a timely fashion. Seventh amendment says the
people have a right to a jury in civil cases. If you are accused of a crime you can go into trial that is
determined by the jury of your peers. That you cannot just be put in jail without a

The first 10 amendments of the constitution are called the bill of rights. The bill of rights was
created by James Madison. The Bill of Rights were ratified by every state on December 15, 1791.
The bill of rights limits government power so it does not become a tyrant. The Bill of Rights also
prevents the government from restricting some things like freedom of the press. The Bill of Rights
gives U.S. Citizens many freedoms. The first amendment of the constitution is important because it
protects freedom of speech, freedom of religion, and freedom of the press. The first amendment of
the constitution is important because it protects freedom of speech. The first amendment gives you
the right to speak whatever you want. "the right of people to express their opinions publicly without
governmental interference, subject to the laws against libel, incitement to violence or rebellion, etc."
(Freedom of Speech, Dictionary.com). You can really hurt people's feeling when using certain words
so there is a done side to the freedom of speech. Although you can hurt people the first amendment
states "abridging the freedom of speech" (Constitute, cp.org). This means you can say whatever you
want and not having freedom of speech we could not even talk bad about some things. You can also
judge the government without getting arrested."To use certain offensive words and phrases to
convey political messages." (What Does Free Speech Mean, www.uscourts.gov). The amendment
explains you are able to

Speech On The First Amendment
Cecilia Long MC 4301 Gilbert Martinez 05/06/2016 Part 2: Final Exam The First Amendment
protects any person's freedom of speech from Congress, state government and local public officials.
However, this does not allow individuals to be free in saying anything that they want to say. One
example of speech that is not protected by the First Amendment are crimes involving speech. If a
form of speech is used to commit a crime such as perjury, harassment or extortion, it will not be
provided protection by the First Amendment. Another example is Conduct Regulations. Our
government has the right to make laws in regards to the specific conduct used in the speech such as
stating when, where and how the speech can be provided. These regulations can be upheld by courts
as long as they considered content–neutral and are not constraining the expression of ideas. For
example, they are allowed to limit the size of collateral used for speech and are also able to limit the
level of sound in speech that can be heard at distinct times. The Society of Professional Journalists'
Code of Ethics strives to secure the "free exchange of information". It must be fair, accurate and
thorough and also states that integrity is a key factor in being an ethical journalist. The Society
asserts four main principles as the foundations to all ethical journalism and promotes their use in
practice by all people in all media. The first code is to "Seek Truth and Report It." It states that all
ethical

The First Amendment gives us the essential freedoms we as United States citizens deserve. This
amendment gives us Freedom of peaceful assembly, speech, press, religion and the freedom to
petition the Government. It is thought to be the most important freedom of the United States. Only
because of this right we are able to speak our mind freely, pray without judgment, express ourselves,
and protest peacefully. Our Founding Fathers had been Framers of the Constitution and they are
responsible for all the rights documented and established in the United States.
They had been in love with the thought of liberty and believed foreseen rights for man would be
good for man's nature. Knowingly experiencing tyranny from the grand countries, the Fathers
constructed the Constitution very carefully in order to avoid tyranny and a government for the
people, by the people, and of the people would be developed. The First Amendment was created to
ensure that the government would not and could not interfere with American citizens basic civil
rights. Being that this Amendment was so important, many states refused to approve such
documents as the Constitution until there were amendments that would protect people's rights in the
future. The Founding Fathers made the constitution to where eventually even in today's days it
would protect the rights of American citizens. There is always leeway with in the amendments to
where not only does it protect the people of the past, but it protects the

The First Amendment Essay
America has been built on freedom throughout the years. Freedom to speak, freedom to choose,
freedom to worship, and freedom to do just about anything you want within that of the law.
America's law has been designed to protect and preserve these freedoms. The First Amendment
guarantees freedom of religion, speech, press, assembly, and petition. It assures citizens that the
federal government shall not restrict freedom of worship. It specifically prohibits Congress from
establishing an official, government supported church. Under The First Amendment, the federal
government cannot require citizens to pay taxes to support a certain church, nor can people be
prohibited from worshipping in any way they see fit. However, if a certain religion ... Show more
content on Helpwriting.net ...
James Madison and Alexander Hamilton wrote up the Constitution's Bill of Rights. The United
States Constitution has a preamble, 27 amendments, and 7 articles. It is a unique document because
it is capable of being changed by the people and reflecting the opinions of them and of which the
time they lived. John Locke believed that everyone had a series of God–given rights–a natural moral
law, and people gave rights to the government when it came to how they should be ruled. Locke is
responsible for some of the most influential writings on liberty. His writings helped influence
Thomas Paine's ideas about revolution. James Madison, one of the writers of the bill of rights, was
influenced greatly by Locke, and the French philosopher Voltaire called him "the man of great
wisdom." John Milton believed in the marketplace of ideas theory. This theory stated that all ideas
should be allowed to be dispersed into the public marketplace. After that, these ideas would be
weighed individually and then the best ideas would be debated and the outcome would be the truth.
This would allow for the public to be able to be involved and decide what ideas would best work for
the people at that time. This marketplace of ideas theory was all about the people having a say in
what they thought was right for them. In 1644, John Milton spoke about these most compelling
arguments on the freedom of press in his book "Areopagitica." John Stuart Mill

"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." When James
Madison presented his ideas to the Constitution that outlined the three federal branches of
government and its citizens,the House of Representatives chose twelve and the States ratified ten.
Those ten became the Bill of Rights, which protected U.S citizens' freedoms and liberties. Of those
ten amendments the most important amendment is the First, which guarantees five basic rights of
individual freedom. The rights included freedom of religion, of press, of speech, of assembly and to
petition. These guarantees reflect to all citizens and secure their blessings",unalienable rights, (to
enjoy) life, liberty and the pursuit of happiness". The first amendment affects everyday lives of
American citizens. First thing first is what is being administered in the first sentence of the
amendment. It declares that congress and government can not support and favor a religion or
interfere and stop a religion to be practiced. This means that any person can practice any religion of
their choice and won't have a fear of being stopped or rejected from the government. This affects our
everyday lives because now there is a diverse culture with different religions all around us where
new things can be

The First Amendment is a part of the Bill of Rights. In this amendment it states how people should
have freedom of religion, speech, petition, and assembly. All together it includes the freedom of an
individual. This amendment protects how you can choose your own religion based on your beliefs
whether it is Catholic, Baptist, Methodist, etc. It states too that, you should have a right to stand up
in what you believe in which is called the freedom of speech. Lastly, the freedom of petition and
assembly consists of the freedom of press which "prohibits the request for a governmental
evaluation of grievances." The First Amendment was offered to the states for ratification on
September 25, 1789 and was then adopted on December 15, 1791. The Fourth

Religion And The First Amendment
Religion and the First Amendment in Schools
Recently, students were instructed to write an essay along with a pictorial representation of the
person they considered to be their hero. Since one student chose Jesus as his hero and submitted a
drawing of the Last Supper, possible legal complications need to be considered before grading and
displaying the assignment. An examination of First Amendment legal issues that arise when a
student submits an assignment of religious nature will provide insight into how the First Amendment
applies in the classroom.
Legal Issues Regarding Grading Historically, legal issues regarding the grading of assignments
containing religious material have come to similar decisions. In Tinker v. Des Moines Independent
Community School District (1969), a group of students decided to express their views about
Vietnam by wearing black armbands to school. Although the district attempted to punish them for
this, the Supreme Court ruled that the students were expressing a form of "symbolic speech" and
were protected by the First Amendment, as long as it did not disrupt normal school functions.
Similarly, expressing views of religion in school is protected if it does not disturb the educational
process. According to Haynes and Oliver (2007), students have the right to express religious beliefs
"in homework, artwork, and other written and oral assignments free from discrimination based on
the religious content of their submissions" (p. 65). An educator must

The Importance of the First Amendment When our Nation had regarded themselves as thirteen
newly colonies and to separate themselves from Great Britain. Congress had imparted to the state
legislature twelve amendments to the Constitution. These Amendments later became the Bill of
Rights, the first basic rights that the country was founded to provide. The whole point that the Bill of
Rights were made was so that new Federal Government were prevented from impairing human
rights and freedom. However, these rights are being undermined through extreme liberalism that
happens in the education system predominantly the First Amendment. According to "The
Constitution of the United States," Amendment 1. The First Amendment says "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." As Americans, we have prided ourselves about
our nation for having the Freedom of Religion, Speech, Press, and Assembly. However the First
Amendment, the freedom in which we have pride for has been diminished through excessive
liberalism in the educational system. Extreme liberalism, is something that lately has been being
used in favor of someone or something. In today's era people are being limited in their freedom of
speech because people are too sensitive and it can be offensive.

The First Amendment
The First Amendment vs. the phrase "separation of church and state" The First Amendment states:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof...". This Amendment was created to protect the first United States citizens, who were
escaping religious persecution and sought the right to freedom of religion and expression without
government interference. The United States government is the first in world history to deliberately
allow religious freedom. Though the First Amendment states that there should be some kind of
separation between church and state, even the highest branches of the United States government use
religion to hold citizens and or themselves accountable; thus, many people ... Show more content on
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Many people believe this phrase, "separation of church and state", can be found in the United States
Constitution; however, this phrase originated in a letter written by Thomas Jefferson. While some
people believe this was a secular phrase, other people believe it has more of a religious viewpoint.
There are controversial issues that violate this phrase, which includes the presidents using a Bible
and saying the phrase "so help me God" during their inauguration ceremony. Another time which
violates the phrase "separation of church and state" is during court when someone has to be sworn in
to the stand by placing their hand on the Bible. While church and state is best kept separate, one
might ask themselves, why Thomas Jefferson, the man who created this controversial phrase, might
still show countless religious efforts during his presidency that would violate his own phrase, if he
intentionally meant it to be a complete "wall" between the

A very popular constitutional issue in America is the First Amendment. The First Amendment is
meant to protect, but in today's society it is being questioned that the argument is being overly used.
The First Amendment of the United States Constitution protects the right to freedom of religion and
freedom of expression from government interference (Esmaili). Freedom of religion created the
separation of church and state. It prohibits the government from interfering with a person's practice
of their religion. The right to freedom of speech allows individuals to express themselves without
government interference or regulation. The right of freedom of expression gives the right to
assemble and gather for peaceful and lawful purposes. It was adopted into the Bill of Rights in 1791.
The Court later interpreted the Due Process Clause of the Fourteenth Amendment as protecting the
rights in the First Amendment from interference by state governments. Putting this is layman's term,
you can pretty much say what you want without being penalized. After taking my daughter to visit
the University of Virginia in Charlottesville, I knew that this was the topic of choice. During this
visit, they allowed the parents to ask open questions about the school and voice their concerns. The
main subject of the questions was all about August 2017. August 11–12, 2017 the University of
Virginia and the town of Charlottesville was visited by a group of protestors at the Unite the Right
Rally which

The First Amendment Of The 21st Amendment
Savannah Hardy Mr. McKown Government Dec. 6, 2017 Unique Amendment The Eleventh
Amendment was the first to revise the constitution after the ratification of the first ten amendments
in the Bill of Rights. It was passed by Congress on March 4, 1794. "The Judicial power of the
United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted
against or of the United States by Citizens of another State, or by Citizens or Subjects of any
Foreign State."(Constitution law.com) The Eleventh Amendment resulted due to Chisholm v.
Georgia, in which Alexander Chisholm sued the State of Georgia for a debt that was owed to
Captain Robert Farquhar. Farquhar was a merchant in South Carolina who sold supplies to the State
of Georgia on credit. After the war, Georgia decided that it would not pay its debt on the basis that
Farquhar was allegedly a British loyalist. Farquhar left Chisolm as the executor of his estate upon
his death, which enabled him to bring suit against Georgia. The lawsuit was heard by the Supreme
Court and rendered a decision in Chisolm's favor."(Constitution.laws.com). Congress approved the
21st Amendment on February 20, 1933, and it was ratified by state conventions throughout the year.
After 13 years, the 21st Amendment repealed Prohibition. ratified the 21st Amendment, repealing
the 18th Amendment. 21st Amendment Only applied to the sale, manufacture,

First Amendment Vs Fourth Amendment

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