First Amendment Essays (Examples)

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Essay
First Amendment States That Congress
Pages: 4 Words: 1275

It is reasonable to conclude, therefore, that Congress has enacted sufficient regulation on business communication. Given that businesses are comprised of individuals who are subject to First Amendment protection, for the government to treat business communication as distinct from personal communication, however noble the idea in spirit, creates a conflict that is not easily reconciled. If anything, reconciliation of this conflict will see a further reduction on the limits of corporate speech, which at present has more than enough regulation.
Sullivan (2010) notes that there are different views of the role of free speech in the Constitution. One view holds that free speech upholds political equality, the other that it upholds political liberty. The former view seeks for equality of speech outcomes, such that those with power should not suppress the speech of those without power. The latter view holds that all speech should be equal, and that the First…...

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Works Cited:

Seltzer, W. (2010). Free speech unmoore in copyright's safe harbor: Chilling effects of the DMCA on the First Amendment. Harvard Journal of Law & Technology. Vol. 24 (1) 171-226.

Snow, N. (2009). Copytraps. Indiana Law Journal. Vol. 84 (1)

Sullivan, K. (2010). Two concepts of freedom of speech. Harvard Law Review. 143 (2010).

Thierer a. (2008). Scalia on video game regulation. Technology Liberation Front. Retrieved November 6, 2012 from  http://techliberation.com/2008/02/20/scalia-on-video-game-regulation/

Essay
First Amendment in 1787 Our Forefathers Ratified
Pages: 5 Words: 1484

First Amendment
In 1787 our forefathers ratified the constitution of the United States

of America, which contains the most important document to any American citizen,

the Bill of ights (Magarian, 2012). The First Amendment to the United Sates Constitution is known to be part of the nation's Bill of ights. The first amendment is maybe the most vital section of the United States Constitution for the reason that the amendment guarantees the people writing and publishing, freedom of religion, speech, peaceful assembly, and the freedom to raise complaints with the Government. Furthermore, amendment necessitates that there be a separation upheld between church and state.

The various Sections of the 1st Amendment and what each one means.

The first amendment to the United States Constitution says the following; 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…...

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References:

The 5 First Amendment Freedoms. (2010, March 7). Retrieved from Freedom of Information:  http://www.illinoisfirstamendmentcenter.com/freedoms.php 

Engelken, S.J. (2011). MAJORITARIAN DEMOCRACY IN A FEDERALIST SYSTEM: THE LATE CHIEF JUSTICE REHNQUIST AND THE FIRST AMENDMENT. Harvard Journal of Law and Public Policy,, 45(8), 695-726.

Magarian, G.P. (2012). Speaking truth to firepower: How the first amendment destabilizes the second. Texas Law Review, 91(1), 49-99.

Talbot, C.A. (1999). The first amendment: Saving us from ourselves. Brigham Young University Law Review, 1993(2), 981-994.

Essay
First Amendment Applications of the First Amendment
Pages: 4 Words: 1331

First Amendment Applications
Applications of the First Amendment

The First Amendment to the U.S. Constitution protects the American people against laws made by Congress that would restrict the right to free speech or a free press, however, with the advancement of technology Americans have created new mediums of communication and the rights guaranteed in the Constitution have had to be applied to these new mediums. As a result, the Supreme Court has determined that the different types of medium involved in communication are protected in different ways. Therefore the freedom of speech and press, guaranteed in the Constitution, has been applied to legal cases involving these differing mediums of communication in quite different ways.

When the Constitution was written the main means of communication in the public arena was the newspaper, and the founding fathers wanted to ensure that these newspapers had the freedom to print what they liked. In 1974 this freedom…...

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References

FCC v. Pacifica Foundation, 438 U.S. 726 (1978). Retrieved from  http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=438&invol=726 

Miami Herald Publishing Company v. Tornillo, 418 U.S. 241 (1974). Retrieved

from  http://supreme.justia.com/cases/federal/us/418/241/case.html 

Red Lion Broadcasting Co., Inc. v. FCC, 395 U.S. 367 (1969). Retrieved

Essay
First Amendment Advertising Is a Critical Component
Pages: 3 Words: 870

First Amendment
Advertising is a critical component of any business. Many forms of advertising are protected by the First Amendment, yet "the Supreme Court for many years took the view that commercial speech -- speech that proposes an economic transaction -- was not protected by the First Amendment" (Linder 2012). However, in Virginia State Board of Pharmacy (1976), the Court ruled against a law prohibiting advertising the prices of prescription drugs. But this decision was based not upon the rights of the corporation to free speech, but the rights of consumers to "receive information" to enable them to make decisions (Linder 2012).

However, the Court has also found in favor of attempts to limit the constitutional freedoms of businesses to engage in unfettered speech, such as in the case of bans upon cigarette advertisements directed towards minors or on television to the general public. In 1971, all television advertisements directed towards minors…...

Essay
First Amendment of the U S Constitution the
Pages: 2 Words: 695

First Amendment of the U.S. Constitution, the first of ten amendments in the so-named Bill of Rights, states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The two clauses in the sentence are called, respectively, the "Establishment Clause" and the "Freedom Clause." The Establishment Clause has been interpreted to mean that the government cannot establish a national religion. The Freedom Clause is usually interpreted to mean that the government cannot prefer one religion over another. The First Amendment is widely believed to mandate the separation of Church and State, but nowhere in the Constitution, nor in the First Amendment, does the phrase "separation of Church and State appear. In fact, the word "church" does not appear at all. The word "religion" is used instead, which is an important distinction.
The Bill of Rights was adopted by the necessary number of states in 1791.…...

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Works Cited

"AU's Lynn Challenges Sarah Palin Remarks on Religion and Government." Journal of Church

and State. 63.6 (2010): 17-18. Web. MasterFILE Premier. 8 Dec. 2013.

Barry, John M. "God, Government and Roger Williams' Big Idea." Smithsonian. 42.9 (2012):

72-90. Web. MasterFILE Premier. 8 Dec. 2013.

Essay
First Amendment Full Text Congress
Pages: 3 Words: 958


easoning: egardless of Ballard's religious beliefs, the Court determined (along with the original trial judge) that the only issue at hand was whether or not Ballard believed in good faith that he could heal people. The underlying religious beliefs f the "I Am" movement did not matter. This made the prohibition against the state or even juries determining the validity of religious beliefs explicit, stating that not only were they immaterial but that they were unallowable for consideration under the law.

Minersville School District v. Gobitis

310 U.S. 586 (1940)

Facts: Two children (10 and 12) were suspended from school for refusing to salute the flag on religious grounds (the children were Jehova's Witnesses).

Issue: Were the children's due process denied because of their exercise of religious freedom?

Holding: The suspension stood; the right of the school district to promote national unity was determined more at issue than the freedom of religious exercise limited by…...

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References

Cornell University Law School. (2009). "Amendment I." The U.S. Constitution. Accessed 11 September 2009.  http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmenti 

The Religious Freedom Page. (2009). "Court Decisions. Accessed 11 September 2009.  http://religiousfreedom.lib.virginia.edu/court/ 

U.S. Constitution Online. (2009). "Amendment 1 -- freedom of religion, press." Accessed 11 September 2009.  http://www.usconstitution.net/constnotes.html#Am1

Essay
First Amendment the Founding of
Pages: 7 Words: 2187

" Although the results then were not complementary to this clause of the First Amendment, the actions made then opened the floodgates for redresses of grievances against the United States government.
The validity and effectiveness of the First Amendment as well as all other amendments of the United States Constitution can be determined through various tests in time. Fortunately, the First Amendment stood steadfast and changed various facets of American lives throughout the centuries. ut despite all these, the First Amendment, and even the whole American Constitution and ill of Rights for that matter, cannot be deemed as perfect because any case brought to test it will have results that are both acceptable to some and unacceptable also. This is what makes for a great democracy like the United States when its laws are not taken at face value but rather there will be challenges to the applicability thereto. In the…...

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Bibliography:

American Civil Liberties Union. Freedom of Expression: ACLU Briefing Paper Number 10. The 'Lectric Law Library. 2011. 14 Aug. 2011. .

Anti-Defamation League. Separation of Church and State: A First Amendment Primer. 2001. 14 Aug. 2011. .

Cybertelecom. Free Speech and Internet Censorship. 10 Aug. 2011. 14 Aug. 2011. .

Hinkle, A. Barton. Fundamentalists vs. The First Amendment. Richmond Times-Dispatch. 19 Jul. 2011. 14 Aug. 2011. .

Essay
First Amendment the First Amendment
Pages: 2 Words: 580


he issue of free speech and the ability of a group to exempt itself from the requirements of public education is at the heart of the issue of the question: can a group of religious fundamentalists petition the state to allow their children an exemption from school biology classes that, they believe, are contrary to their religious views (one would presuppose evolutionary theory?) First, an argument to exempt a child from a class would imply that if there was any part of the core curriculum that a parent might feel conflicted with a religious philosophy, the child would be able to opt out. So, if a religious group believed, as it states in the Old estament, that the earth is the center of the universe, created in six days by a master being, then ostensibly the child could be exempt from geology, biology, and even mathematics. his is certainly contrary…...

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The Establishment Clause in the First Amendment prohibits the State from imposing a national religion, a non-religion, or a religion over another religion. It was not until the later part of the 20th century though, possibly due to a rise in secularism, that the Court began to more strictly interpret what the Constitution was prohibiting (Sullivan and Gunther, 2007, 33-67). For example, in Board of Education of Kiryas Joel Village v Grumet (1994), a case surrounding the funding of a school district that was purposefully meant to coincide with the neighborhood boundaries of a religious group, the Court found that could constitute an unconstitutional aid to religion. Justice Souter summed up the issue as "the government should not prefer one religion to another, or religion to irreligion." (Board of Education of Kiryas Joel Village School District v Grumet, 1994). Despite the conservative years of the Regan and Bush administrations, and Congressional Passage of the 1993 Religious Freedom Restoration Act, the Court found in a 1997 case that not only could Congress not encourage legislation regarding religion, but that any Federal, State, or Local actions to the contrary were also unconstitutional (City of Boerne v Flores, 1997).

The issue of free speech and the ability of a group to exempt itself from the requirements of public education is at the heart of the issue of the question: can a group of religious fundamentalists petition the state to allow their children an exemption from school biology classes that, they believe, are contrary to their religious views (one would presuppose evolutionary theory?) First, an argument to exempt a child from a class would imply that if there was any part of the core curriculum that a parent might feel conflicted with a religious philosophy, the child would be able to opt out. So, if a religious group believed, as it states in the Old Testament, that the earth is the center of the universe, created in six days by a master being, then ostensibly the child could be exempt from geology, biology, and even mathematics. This is certainly contrary to the educational system, and also implies that a study is unable to think for themselves, treat theories as theories, and move beyond rhetoric into high levels of analysis and synthesis of information. Allowing fundamentalist groups to petition for exemption also opens the precedent for all sorts of cultural, behavioral and religious exceptions to any number of curriculum material. There is a long, and rather detailed history of the legal aspect of teaching evolution in the public school (see Appendix a), but for our purposes we will concentrate on three seminal cases that help define this specific issue.

One of the more significant Court victories won by a religious group, West Virginia State Board of Education v. Barnette, found that the Free Speech Clause in the First Amendment protected students from being forced

Essay
First Amendment Case Study Jonathan Zaun the
Pages: 2 Words: 860

First Amendment Case Study
Jonathan Zaun

The disputed legality of government sponsored religious displays is a matter which must be examined through the unclouded lens provided by the Establishment Clause of the Constitution's 1st amendment. This prohibition of state sanctioned or sponsored religious activity states expressly that governing bodies shall not support or endorse any religious viewpoint through either establishment or preferential treatment. In many instances, however, public displays have been erected under the auspices of government endorsement, displays which include direct religious references while purporting to espouse secular ideals. Legal precedent pertaining to the Constitutionality of public religious displays addresses the following legal issues regarding the dispute between the Church of the Albatross and Springfield citizens opposed to their planned construction of a religious statue: Should the common exception granted to religiously themed displays such Christmas decorations, displays which have been secularized and accepted by the community at large, be extended…...

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Works Cited

Allegheny County v. Greater Pittsburgh ACLU. No. 492 U.S. 573. Supreme Court of the United

States. 3 July 1989.

City of Elkhart v. William A. Books, et al. No. 532 U.S. 1058. Supreme Court of the United

States. 29 May 2001.

Essay
First Amendment the Freedom of
Pages: 3 Words: 870

Sir, we would argue that while the government interest in protecting national security is an important interest, the Roth case does not justify the government encroachment on our Freedom of the press. The Roth case provides that the government can encroach on the freedom of the press only if it is attempting to protect other rights from being infringed on. In our case, r. President, none of our rights are at risk. The ban on media coverage of the War is not in response to a perceived loss of rights by the people, but based on a perceived threat to the country. The Roth case does not make provision for infringement on our rights under these circumstances and therefore the infringement is not justified.
Even though the Roth case was overruled by iller v. California, 413 U.S. 15 (1973) regarding the issue of whether obscenity is protected under the First…...

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More recently, the U.S. Supreme Court ruled in the case of Detroit Free Press v. Ashcroft, 303 F. 3d 681 (6th Cir. 2002), that "The First Amendment, through a free press, protects the people's right to know that their government acts fairly, lawfully, and accurately in deportation proceedings. When government begins closing doors, it selectively controls information rightfully belonging to the people. Selective information is misinformation. The Framers of the First Amendment "did not trust any government to separate the true from the false for us."

While the court in Detroit Free Press examined the issue of whether press coverage should be permitted in a deportation hearing, the broader issue of limitation of the press with regarding what the people are permitted to learn or know applies in our case.

For example, the court ruled in Detroit Free Press that the press should be permitted into the deportation hearings because the people have a right to know what is going on. In our case, we

Essay
Education and Religion First Amendment
Pages: 2 Words: 694

Religion: First Amendment- Religion and EducationThe legal issue in the grading of the students work in which Jesus has been mentioned and a drawing of the Last Supper was displayed is evident in the US Supreme Court examples. The First Amendment states that Congress would not make any law that would disrespect any religion and avoid their exercise, freedom of speech would be granted to all-region followers, congregations for observing religious rites would not be prohibited, and no petitions would be encouraged by the government for remedying the grievances (Wicht, 2014).The first example of the US Supreme court case is that of Brittney Settle in 1991, a grade-9 student who appealed against her English teacher that she did not accept her work, including an essay on Jesus (Education Week, 1996). She thought she was religiously discriminated against; however, the Court ruled out the light of the 6th Circuits ruling by…...

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References

Education Week. (1996, February 1). Student essay on Jesus prompts legal battle.  https://www.edweek.org/education/student-essay-on-jesus-prompts-legal-battle/1996/02 

National Coalition against Censorship. (no date). The First Amendment in schools: Resource guide- religious expression in the public schools. https://ncac.org/resource/the-first-amendment-in-schools-resource-guide-religious-expression-in-the-public-schools#:~:text=Religious%20Messages%3A%20Schools%20may%20not,part%20of%20an%20academic%20program.

US Department of Education. (2020, January 16). Guidance on constitutionally protected prayer and religious expression in public elementary and secondary schools.  https://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html

Essay
First Amendment and Broadcasting Content
Pages: 2 Words: 619

First Amendment rights are not absolute, particularly in regards to advertising. For example, there has been a great deal of pressure to regulate advertising directed at children that promotes unhealthy junk food. "There is a legal test for judging whether commercial speech qualifies for protection under the First Amendment. Called the Central Hudson test, it says that such speech must be truthful and not 'actually or inherently misleading'" and it has been argued that much of commercial advertising targeting children takes advantage of a credulous consumer's inability to tell the difference between truth and fiction (Bittman, 2012, par.11). In this instance, however, the objections raised to our new advertising campaign are not targeted at children. Rather, the concern is merely that children may see inappropriate material, even if it is not intended that they purchase the product.
In the past, the U.S. Supreme Court has allowed censorship of certain types of…...

Essay
First Amendment the Constitution and the Supreme
Pages: 7 Words: 2383

First Amendment, the Constitution, and the Supreme Court
Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speech. However, the language is intentionally vague. The framers of the Constitution, anticipating unknown applications of the amendment, gave power to the Supreme Court to act as ultimate arbiter in matters involving its provisions. The Constitution of the United States is a living document and the interpretation of its amendments by the Supreme Court changes over time. Freedom of speech and the press, and religious freedom, are exercised according to the Supreme Court's rulings in cases that come before it. Exploration of these cases illuminates the evolving meaning of the First Amendment and the freedoms granted therein.

The First Amendment to the Constitution is partially designed to protect journalists and news-content publishers…...

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References

Abrams, F. (2005). Speaking Freely: Trials of the First Amendment. New York, NY:

Penguin Group (USA).

Campbell, D.S. (1990). The Supreme Court and Mass Media: Selected Cases,

Summaries, and Analyses. Westport, CT: Praeger Publishers.

Essay
First Amendment Rules for the
Pages: 4 Words: 1425


The media has brought many important issues to life for the American public. For example, during the American civil rights movement, many areas of the country that had been hesitant to endorse full equality for African-Americans were horrified when they saw their fellow Americans being beaten simply for demanding their rights. The media was also highly influential in mobilizing the American public against the Vietnam War. Pictures showed more powerfully than words the terrible carnage and suffering generated by the conflict and the lack of progress that American military involvement was generating in Vietnam, despite the loss of many lives. Conversely, the media has also had a highly negative influence upon American opinion when it distorts the facts, such as when it inflamed opinion during the Spanish-American War and the McCarthy era, causing Americans to believe the propaganda disseminated in ostensibly objective venues.

The media can also have a more subtle…...

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References

Aron, Leon. (2011). Everything you think you know about the collapse of the Soviet Union was wrong. Foreign Policy. Retrieved September 4, 2011 at  http://www.foreignpolicy.com/articles/2011/06/20/everything_you_think_you_know_about_the_collapse_of_the_soviet_union_is_wrong?page=0,3 

First Amendment. (2011). Annotated constitution. Cornell Law. Retrieved September 4, 2011 at  http://www.law.cornell.edu/anncon/html/amdt1efrag4_user.html 

Fourth Amendment. (2011). Annotated constitution. Cornell Law. Retrieved September 4, 2011

At  http://www.law.cornell.edu/anncon/html/amdt4frag1_user.html#amdt4_hd4

Essay
First Amendment Case
Pages: 4 Words: 1206

First Amendment including kind cases, examples, Supreme Court rule-Based 1st Amendment grounds? Analyze: a.The Sections 1st Amendment means.
The First Amendment

The First Amendment is both one of the most significant legislations in the U.S. And one of the most divisive texts in the Bill of Rights. The text was devised with the purpose of preventing Congress from having the authority to either prevent individuals from exercising their right to express their religious views or to prevent the press from publishing ideas that are truthful. Many individuals are inclined to believe that government should not have anything to do with concepts like religion or freedom of the press. As a consequence, these respective people believe the First Amendment to function as a tool intended to assist the U.S. public in being able to access ideas it is entitled to.

The First Amendment reads "Congress shall make no law respecting an establishment of…...

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Works cited:

Barnett Lidsky, L., & Wrights, R.G. "Freedom of the Press: A Reference Guide to the United States Constitution." (Greenwood Publishing Group, 1 Jan 2004)

Sheehan, K.B. "Controversies in Contemporary Advertising." (SAGE Publications, 30 Jul 2013)

West, E.M. "The Religion Clauses of the First Amendment: Guarantees of States' Rights?" ( Lexington Books, 10 Jul 2012)

Q/A
Should the Government regulate social media if its helps prevent the spread of fake news and misinformation?
Words: 433

To provide an answer to this question, it is really important to know which government is the subject of your question.  In some countries, the government is absolutely prohibited from imposing the types of regulations on speech that answering yes to the question would require.  These types of absolute prohibitions, such as the First Amendment to the United States Constitution, significantly impact whether a government could regulate social media, even if regulating social media would help prevent the spread of fake news and misinformation.  Therefore, any discussion of whether they should regulate this type of speech has....

Q/A
Can you help me find a title and outline for an essay on pornography?
Words: 478

Pornography is a controversial topic.  Discussions of pornography incorporate issues of free speech, morality, women’s rights, sexual violence, domestic violence, and misogyny.  Many people believe that images of pornography are harmful and degrading, even if the pornography is not violent. However, the issues are not as clear-cut as they seem at first glance. Many people believe that pornography has some positive benefits that go beyond any thrills it offers. 

Here are some essay titles and topics to explore: 

  1. Does Porn Cause Rape? 
  2. Pornography and Erectile Dysfunction
  3. Socially Active Smut 
  4. Erotica and Pornography: Same Thing, Different Name, or Two Different....

Q/A
I\'m interested in debating presidential election 2024. Are there essay topics that present opposing viewpoints?
Words: 809

Essay Topic: The Impact of Electoral College Reform on Future Presidential Elections

Opposing Viewpoint 1: Maintain the Electoral College

Preserves the voice of smaller states: The Electoral College ensures that even states with small populations have a significant impact on the presidential election. This system prevents candidates from focusing solely on winning populous states, ensuring that the needs and perspectives of all Americans are considered.
Protects against tyranny of the majority: The Electoral College prevents a candidate from winning the presidency with a simple majority of the popular vote. This safeguards against the tyranny of the majority, ensuring that the rights....

Q/A
I need a Thesis about how Scientology Impacts Social Media in America?
Words: 536

Thesis:

The rise and proliferation of Scientology in the United States has profoundly impacted the social media landscape, shaping public perception, fostering controversies, and influencing how individuals navigate online spaces.

Introduction:

In the digital age, social media has become a ubiquitous and influential force, connecting billions of people worldwide. Scientology, a highly controversial religious organization, has actively leveraged social media to promote its doctrines, recruit new members, and engage in public relations. This thesis explores the complex and multifaceted relationship between Scientology and social media in America, examining its consequences for public perception, societal discourse, and individual experiences.

Impact on Public Perception:

Scientology's presence on....

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