The Amendment Is Not Protected Under The Freedom Of Speech...

The first amendment, of the Constitution, protects all citizens from Congress making laws that â€Å"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.† Most U.S citizens how this amendment, or at least a summary of it, memorized. Citizens have the right to speak their mind as they sit fit, practice any religion, and protest. However, in modern times, it is understandable to see why this is not entirely true. Court decisions have put many restrictions on the liberties presented in the 1st amendment. A citizen cannot use religion as an excuse for sacrifices, or protest in violent fashions. The most controversial, and complicated, restrictions are those prohibiting certain kinds of speech. One of the Supreme is that obscenity is not protected under the freedom of speech. A problem quic kly raise was: what, exactly, is obscenity? Under Miller v California, to be obscene â€Å"a publication must, taken as whole, appeal to prurient interest, must contain patently offensive depictions or descriptions of specified sexual conduct, and on the whole have no serious literary, artistic, political or scientific value.† It made sense to ban specific types of speech that was, at the root, meant to be hateful or obscene. However, Indianapolis legislator, in American Booksellers Association v. Hudnut, usedShow MoreRelatedFreedom Of Speech By John Locke Essay1325 Words   |  6 PagesFreedom of speech is the right given to all United States citizens to express their opinions openly, without having to fear legal punishment. However, the idea of this freedom goes back far before the United States was even declared an independent country. In the 16th century, European thinkers such as John Locke began to discuss freedom of speech as a basic human right, a necessity for a free and thriving society and a well governed country. In the United States, freedom of speech is split intoRead MoreFlag Desecration Synthesis Essay1321 Words   |  6 PagesE5X-09  Ã‚   That Flag Should Not Be Protected The United States is known for being ‘land of the free’, a nation with a Declaration of Independence, as well, as a Constitution protecting the rights of it’s citizens. Wars have been fought and many people have died so we could have the rights that present today. The freedom of speech, freedom of religion, freedom of assembly, and most importantly the right to petition our government; all of which fall under the First Amendment in the Bill of Rights. OurRead MoreIs Flag Burning Protected By The First Amendment?1617 Words   |  7 PagesContinues: Is Flag Burning Protected by the First Amendment? Adriana Ramirez First Amendment Dr. Helen Boutrous December 8, 2016 Mount Saint Mary’s University 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 to peaceably assemble and to petition the government for a redress of grievances. This freedom of speech clause as includedRead MoreSpeech Free Speech On The Freedom Of Speech1380 Words   |  6 PagesThe 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 to peaceably assemble and to petition the government for a redress of grievances. This freedom of speech clause as included in the First Amendment guarantees the citizens of America to express information and ideas freely. But is all form of speech free? On the most basic level, this clauseRead MoreFreedom Of Speech Should be Limited Essay1334 Words   |  6 Pag esTopic: Do you believe that free speech as proscribed under the first amendment of the constitution should be limited? The entire American Government is based in the belief that all human beings are born with certain rights. People do not receive their rights from the Government; its function is actually to guard the rights we already have. Citizens are protected by the first amendment, which prohibits government from acting against anyones rights. The first amendment applies to every single citizenRead MoreA Landmark Supreme Court Case856 Words   |  4 Pagesâ€Å"symbolic speech† which are protected by the first amendment (uscourts.gov). The definition of symbolic speech is the same as a term called â€Å"speech plus†. This is a form of expression in which behavior is used by itself or in coordination with written or spoken words to convey an idea or message (â€Å"Speech Plus†, 2008). The first amendment says, â€Å"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of theRead MoreSpeech Is The Right Of Freedom Of Speech1560 Words   |  7 PagesGeorge Washington once said If freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter. This mentality still holds true in the United States today where the freedom of speech is held as one of the greatest rights Americans possess. However, to fully understand the first Amendment right of freedom of speech it is paramount to understand what it entails, its limitations, and how it has evolved over time. The first question that must be answered is what isRead MoreSymbolic Speech And Its Impact1454 Words   |  6 PagesO’Brien v. United States: Symbolic Speech and Its Impact Symbolic speech is a type of speech used to express one’s ideas. The notion of symbolic speech is protected in the United States constitution which evidently says: â€Å"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...† (U. S. Constitution). The freedom of speech represents one of the most vital amendments in the United States ConstitutionRead MoreThe People vs. Larry Flynt1332 Words   |  6 PagesFreedom of expression has always been a heated and heavily debated topic throughout our society, more so in recent times due to the increasing amount of freedoms that we gain. However, it is only natural that free speech be something of extreme amounts of conflict since this right is expressed in the very first amendment of the Constitution. But, how loosely should such an important document within our history be interpreted? This has been a question for years , and it is obvious that this particularRead MoreThe Flag Of The United States903 Words   |  4 Pagesthe United States. However, these  flag desecration laws only lasted until 1989, because  in 1989, in the Texas v Johnson case,  the United States Supreme Court recognized that flag desecration as a form of symbolic political speech that is constitutionally protected by First Amendment and agreed that the â€Å"government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable†( ). In 1984, during the Republican National Convention in Dallas Texas