РефератыИностранный языкThThe First Amendment Essay Research Paper Our

The First Amendment Essay Research Paper Our

The First Amendment Essay, Research Paper


Our Living Shield: The First Amendment


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The authors of the Constitution of the United States created a


magnificent list of liberties which were, at the time ascribed, to most


people belonging to the United States. The main author, James Madison,


transported the previous ideas of f undamental liberties from the great


libertarians around the world, such as John Lilburne, John Locke, William


Walwyn and John Milton. Madison and other previous libertarians of his time


were transposed into seventeen different rights which were to be secured to


all those in the United States. These seventeen civil liberties were


compressed into ten different groupings which were designated as the “Bill


of Rights.” In this document lay the First Amendment which stated that the


people of the Uni ted States had the “freedom of speech, or of the press;


or the right of the people peaceably to assemble, and to petition the


Government…” The First Amendment was drafted by federalist Madison mainly


as a political tactic to abolish anti-federalist resistance to the


Constitution. After its passage in December of 1791, the First Amendment


remained more idealistic than realistic. The First Amendment remained a


set of ideals which were not to be carried out during its first century,


then progressed to more realistic terms during its latter half of


utilization.


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During the first century of the First Amendment, the First


Amendment was paid a glance by all when it came to actually carrying out


the freedoms guaranteed by this amendment. For example, in 1794,


Pennsylvanian backcountry farmers protested a whiskey tax. The protesters


were not violent such as those of the previous Shay’s Rebellion. George


Washington sent in a militia to crush the rebellion denying them of their


First Amendment right to “peaceably assemble.” Later, in 1836, anti sl


avery newspaper editor James G. Birney had been warned that his newspaper


“The Philanthropist” was not desirable in the city of Cincinatti. When


Birney refused to cooperate, mob action took rule and, “scattered the type


into the streets, tore down t he presses and completely dismantled the


office.” This contradicted the First Amendment which stated that,


“freedom…of the press,” is a constitutional right. The Supreme Court


could do nothing about these situations when in Barron v. Baltimore, t he


Court ruled that, “These amendments contain no expression indicating an


intention to apply them to state governments. This court cannot so apply


them.” Thus, the Supreme Court could not inte

rfere when First Amendments


are being violated within a state. These acts were representative of the


lack of recognition for our First Amendment rights during the first half of


the Bill of Right’s acceptance.


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The second half of the Bill of Rights was marked by a rebirth in


which the Bill of Rights was no longer a set of ideals. The second half


began when in 1925, the court ruled in Gitlow v. New York that the First


Amendment supersedes state laws . This nullified the Court’s ruling in


Barron v. Baltimore, which took place 92 years earlier. Also, in 1931, the


Court overturned Minnesota’s conviction of Jay M. Near, whose anti Semitic


“Saturday Press” violated Minnesota law which prohibited ” malicious,


scandalous and defamatory” remarks towards politicians and other public


officials. The Court stamped Minnesota’s law in violation of the First


amendment. In 1937, Chief Justice Charles Evans Hughes overturned the


conviction of Oregon Com munist Dirk De Jonge. De Jonge had been detained


for attending a meeting to protest the police shooting of striking


longshoremen. The Court ruled that “Peaceable assembly for lawful


discussion cannot be made a crime.” More recently, in 1985, the S upreme


Court ruled that burning the American flag is protected by the First


Amendment when the Court reversed the conviction of Gregory Lee Johnson,


who was arrested for violation of the Flag Protection Act of 1989. The


Court then ruled the Flag Protection Act of 1989 unconstitutional. These


instances clearly portray the rebounding of libertarian beliefs.


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The First Amendment of the Constitution started off as a set of


beliefs meant to supply reason for one being patriotic rather than supply


those inalienable rights discussed in the Declaration of Independence. It


then developed into a powerfu l document which is the only living


manuscript which specificly lists out the peoples rights. One cannot look


back without looking ahead. The supreme court currently is overwhelmingly


conservative. Without the balance of conservatism and liberalism, a


deficiency evolves. And this deficiency is human rights. The Supreme


Court ruled in 1990 that two American Indians were not protected by the


First Amendment when they religiously smoked peyote. This is only a sample


of the conservatism which wi ll eventually plague America. The Court’s


decisions are close to eternal and decisions made now will affect America’s


future. And whether or not we should put America’s future in one group’s


hands is out of the question. The court is currently dan gerously


conservative.

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