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Freedom of Religion, Freedom of Speech, Free Press,
Assembly, and Petition.
Freedom of Religion
The First Amendment covers 5 parts and the
first part is freedom of religion. The
government can’t create a religion and force it
upon all of the United States. The Freedom of
Religion was ratified on September 25, 1789
and adopted on December 15, 1791.
In 1878 the Reynolds trial was held. “A religious
belief cannot be accepted as a justification for
committing a blatant act”, stated the courts.
Sense the prisoner new his wife was remarried
in Utah it led to another trail for Reynolds. He
believed it was a religious duty during this time
especially because the Church preformed a
pursuant which allowed marriage again. He was
entitled to a non-guilty verdict because of his
religious beliefs.
In the 1960’s the Court had adopted a more
extensive view of the Free Exercise Clause
which lead to expanding its views today. It is a
stated fact that since World War II more Jews
lived in the United States than any other nation
because of the U.S. open-mindedness. The
United States has formed a large variety of
religions. People in the United States can’t be
persecuted for practicing a different religion
than what someone else may believe.
Freedom of religion court cases
In the United States Citizens have an unlimited right to their
religious beliefs but are restricted on the practice of religion.
For example; students have the right to practice their
religion which is the free exercise claim. There comes
restrictions to this clause, for example; it is enforced as long
as it’s not interrupting the school day and is held before or
after school.
Even though the United States has became more open
minded about religion it’s not as broad as it should be.
Although it may be worse in other nations for example;
persecuting, it still isn’t following the first amendment to the
Full extent. During Thanksgiving week six Imams were
forbidden on a U.S. Airway. The Muslim religious prayer
leaders were questioned for five hours straight when they
were finally found innocent. Although the United States has a
wide range of different religions they refused to allow them
on that flight. The suspicion was all because they prayed in
public, so how free are we?
Freedom of Speech
Freedom of speech is the freedom
to speak without censorship or
limitation. Just like any other part
of the first amendment it has its
limitations. For instance hate
speech is restricted because it
can cause violence. Hate speech
is any speech, gesture, or display
used upon gender, race, or
religion. Some countries take it
more serious than others. Certain
countries will impose under the
civil law.
Our speech as Americans is
restricted to a certain extent. For
example; school newspapers are
censored by the administration. A
student can’t write about anything
they want because of sexual
material or political views that
would be offensive to others.
Free speech court cases
In 1969 Tinker Verse Des Moines occurred. This is something that still affects us
today. A group of people decided to wear armbands to support for a truce in the war
with Hitler. The principle of Des Moines became aware of what was going to occur.
The principle stated that any person wearing an armband at school would have to
remove it or was threatened with suspension. This case was taken to the United States
District Court. The first hearing was dismissed, which is against the students first
amendment rights. According to the first amendment as long as it isn’t interrupting the
school day disciplinary actions couldn’t be taken on students. The case was appealed
and divided. The district court was aware that wearing armbands was expressing their
views on the war in a peaceful manner. When students are restricted it takes away the
students freedom to express themselves.
Another example of our restrictions as students is the 1983 Hazelwood case. One of
the articles was divorces and the effect it has on teenagers then other shocking one
was teen pregnancies. The pregnancies had featured certain students in the school but
anonymously. The paper had to be given to the principle for revision before it could be
published to the whole school. Without even informing the students, the news articles
were taken out. The principle used the excuse it was “offensive and inappropriate.” In
court the principle stated he didn’t like how the divorce article referred to the father
being gone all the time. Yet isn’t it just stating the truth? Informing students is
important and may give them a better way of handling things. The Court decided
students should have the final say in the content of the paper, shouldn’t be given to
administration before, and public open forums which aren’t followed today in most
schools.
Freedom of Press
Freedom of Press helps sustain a healthy
democracy. It is stated that only 17% of the
world’s citizens live in a country that enjoys
the free press. The other 83% have
government control the viewpoints that go
out to the citizens. An independent citizen
voice is rarely heard anymore for certain
“sensitive subjects” such as teen pregnancy
in a school newspaper.
Recently, it seems the media has began to
be controlled by five main sources. Five
publishers who overpower the others
control the printing media; another top five
for movie companies produce all the movies;
and three people control the radio and
television. Although the first amendment
grants us the freedom of press, it still isn’t
in our hands fully. It is controlled by the
government and the top five people above.
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Near V. Minnesota was a newspaper that was criticizing officials in Minnesota.
To protect the local officials a state law was made which allowed the authorities
to stop any scandalous or harmful information couldn’t be published against their
will.
Argument one was that the court should rule in favor of the newspaper. It isn’t
fair certain information has to be withheld, if a story is false a libel suit can be
filed against the paper. Which is why any information should be able to be
published because citizens deserve to be informed. Any false information would
be used against the paper, their would be no harm towards officials or others
because only the truth could be published.
Argument two for the court case was to rule for the State of Minnesota. It stated
newspapers shouldn’t have the freedom to publish information about officials that
is false. Many people believe whatever goes to the press, if information was false
it could damage reputations of government and local officials.
Both arguments have valid points, no false information should be given out to
citizens because it can start numerous amounts of problems. On the other hand
no false information could be used against officials and if were to happen would
be taken to court. The public deserves to be informed, argument two is only used
as an excuse to censor certain subjects and not let it be published to the public
eye.
The freedom to assemble is the right for people to
gather together without fear that the government
will harass them or disturb their peace. This part
of the first amendment also ties back to freedom of
speech, religion, and petition. Freedom to
assemble is another way people express their
beliefs. Even if every individual may not agree
people still can gather with others whose have the
same viewpoints. On the other hand, the
government sees some gatherings as dangerous or
inappropriate. Certain strikes can be called
“dangerous” as an excuse to stop them if the
government doesn’t want it getting out to the
public that people are disagreeing with them.
If there wasn’t freedom to assemble many people
with religious beliefs wouldn’t have the freedom to
worship without harassment or other problems
such other countries have. For example; in other
countries if people are found worshiping another
religion they can be tortured or beheaded.
In the Edwards V. South Carolina case
in 1963 an 8 to 1 decision was made in
the court, 180 African American
students were stopped for gathering
peacefully together. They marched to
the state capital protesting against
discrimination. Police officers used the
excuse that this would cause a riot if it
continued. The court followed the state
law that it was unconstitutional to stop
the gathering because it punished the
students for exercising their freedom
of speech by gathering together ( the
right to assemble). Although people
may gather together and the
government may not agree doesn’t give
them the right to stop a peaceful
gathering, that’s restricting Americans
rights to assemble freely.
In 1215 people wanted the right to petition
their government, giving them the chance to
address the issues they had. People lived in
fear if they petitioned to the government
they would be beaten or thrown in jail. The
right to petition includes things such as sign
petitions, picket, and any other type of
communication that would get a message
across to the American government.
The freedom of petitioning played such a
huge role on the civil rights for African
Americans. Their comes restrictions just
like the other five parts of the first
amendment. In order to petition the
government a person has to prove there is a
legal reason for this and why they are
petitioning against the government.
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In 1947 the Everson V. Board of Education was held. New
Jersey’s reimbursement to parents of private schools. Sense
the money costs were being used for the church and going to
the children it was questioned. Cases such as this can be
perused in court. In other cases, their may not be enough
probable cause to take it any further.
Recently in 2004, Elk Grove Unified School District V. New
dow was held. A father channeled the constitutionally of
requiring public school teachers to lead the pledge of
Allegiance to other people’s children. The Pledge of
Allegiance contained the phrase, “under God”. This phrase
has been in there since 1954 and now is being challenged.
The court decided he didn’t have the right petition to bring
the case to court. Therefore, he had the right to bring it to
court but still could be denied as it was sense their wasn‘t
enough of a case according to the court‘s eyes.
Students should be more educated with
their First Amendment rights. The
court cases give good examples of how
people are limited to their First
Amendment rights although they
shouldn't be. If more people were
aware of their rights they may fight for
them more and stand up for the things
they believe in. Many people don't
participate as adults because they
aren't educated enough as young
adolescences nor are given the
opportunity to use their First
Amendment rights to their full ability.