First Amendment of the Constitution Addresses Both

¶ … first amendment of the Constitution addresses both freedoms of speech and religion (Constitution Bill of Rights). Within these two broad themes, there are various clauses (First Amendment Online). The First Amendment restricts government from passing laws aimed against free excersise of any religion, and also restricts the government from "establishing" or favoring a particular religion (First Amendment Cyber Tribune). In addition to allowing freedom of speech, the amendment also allows freedom of the press, the right to petition government, and the right to assemble (First Amendment Online).

For the purposes of this paper (and survey), I am going to focus on the issue of free speech within the context of the First Amendment. My survey consisted of 4 questions regarding speech in America. Firstly, I asked the individual if he or she believed it was a fair law. The consensus regarding this question was that the First Amendment was not only fair, but also a foundation of America's democracy.

A then asked if the same held true to the freedom of press, the right to petition government, and the right to assemble. Again, most of those being surveyed agreed strongly that these were necessary laws. I then proceeded to address the specifics of the First Amendment, and possible counterarguments to its necessity. In terms of freedom of speech, I asked whether it should be legal for someone to enter a public place and use profanity, or yell and ridicule others. Those surveyed were generally split on their answers to this question. Some remained with their original argument that all speech should be free, but others recognized the need for some prohibition regarding speech.

Then I addressed the freedom of press. I asked whether or not it should be legal for the press to print anything they want, even if it is false, and wrongfully harms someone's (or something's) reputation. The majority of those being surveyed agreed that absolute freedom of the press is not reasonable or fair.

Finally, I asked them if the First Amendment should be absolute in its textual context, or should there be some discretion applied to its interpretation. Almost unanimously, those being surveyed agreed that some discretion needs to be applied (even those who originally believed in absolute free speech and press).

The conclusion, what I learned from the survey is that many people are not very well informed when it comes to the First Amendment. They think freedom of speech is a good thing, but often do not consider possible scenarios in which it would be detrimental to our society. In general, their answers were not logical or consistent because they were not well thought out.

I think many people are unaware of the medium between the Constitution and our society, which is the United States Supreme Court. In reality, the Constitution is a very rigid document that does not adapt to society. If we were to follow it strictly by the text, we would live in a much different society than we do today (First Amendment Center). Instead, we allow nine Supreme Court Justices to evaluate the text and apply to the present day context, and in doing so, establish case law (Grolier).

In my analysis of the First Amendment, I agree with its general principles. Freedom of speech and religious exercise are one of the main reasons this country was founded (Anderson). The Puritans left England because they were being persecuted for their beliefs (Anderson). Their goal was to establish a nation that was tolerant to all ideas (Anderson). It has been this free flow of ideas that has made the United States into the strong, powerful nation that it is today.

There are however, exceptions to the absolute idea of freedom of speech and religion. Firstly, the blatant use of profanity in a public place is not the expression of ideas, but rather an expression of anger or comedy. This type of action is not why the First Amendment was established, and should not be included in it.

Also, there should be no absolute freedom of print. As previously mentioned, the press is a very powerful medium in our society (Jobspace Website). If the press had free will, they could damage the reputation of anyone or anything they wanted. The freedom of the press clauses in the First Amendment was established to facilitate the expression of ideas, not harm the reputation of others (Constitutional Studies). Journalists need to be responsible for their work. When lies are printed, the press loses its credibility, and society suffers as a whole (Freedom of Press Website).