First Amendment to the Bill of Rights - Essay Example

? Book Review Unit Introduction First Amendment is part of the bill of rights in United s. According to, Allen& Jensen (1995) Pg 5-8, the amendment prohibits making of any laws in respect to religion, abridge the freedom of speech, impend free exercise of religion, prohibit governmental petition of grievances and right to assemble. Originally, the amendment only applied to laws that were enacted by the congress. On the other hand, freedom of speech is the freedom to speak freely without censorship. It also includes the act of receiving, imparting and seeking ideas or information regardless of the medium used. Allen& Jensen (1995) Pg 5-8, claim that freedom of speech is not supreme in any country and is subject to restrictions such as slander, libel, incitement or obscenity. In this regard, this paper aims to review a book that deals with the First Amendment and some aspects of freedom of expression, the overarching themes and key points made in the chapter, as well response grounded on what I have learned this far about free expression. In addition, I will also explain some of concerns and questions raised by the material. In chapter 3 of Allen & Jensen (1995), pg 11-16 it talks about the first amendment of the United States in terms of the prohibiting the federal, municipal or state to establish religion or have a preference for one religion over another. Subsequently, this law has been interpreted differently in the American history, for example, some say that it separates church and state, in addition to preventing the government from establishing a church. Additionally, it explains that as long the freedom of religion law does not target a particular religion, then it does not violate the Clause Free Exercise. The congress is also said to have passed an Act called the Religious Freedom Restoration, in which it aimed to restore the standard of religion interest, also known as “Compelling Interest”. However, the court is said to have struck down the implementation of the act which forced the government and the state to protect the First Amendment law. In the same chapter, Allen& Jensen (1995), Pg 17-20, expound on freedom of speech, as a theme where it argues that the courts did not rule on any federal law against the freedom of speech, until later when it came up with an act on Sedition and Alien Acts. He argues that the Act is based on the first amendment unconstitutionally. However, the freedom of speech is recognized in article 19 under Human Rights Universal Declaration as well as in human rights international law in the Covenant on political and civil rights international. Chapter 3 of Allen& Jensen (1995), Pg 21-22, acknowledges that, the Article states that everyone has the right to hold opinions without any interferences, as well as the right to freedom of expression. Therefore, this right includes the freedom to receive, impart, and seek ideas and information of all kinds, either in oral, writing or print. The article also explains that the exercise of such rights also carries unique responsibilities and duties and can therefore be subject to restrictions if necessary. Allen& Jensen (1995), Pg. 22-30 also notes out that under the article 19, the concepts of freedom of press adopted Article 11, freedom of expression stating that free communication of opinions and ideas is the most important right of every human being. Therefore, every citizen may print, speak, and write accordingly, but should be responsible for any abuse of freedom as law defines. The freedom of expression and speech is recognized in regional and international law of rights, in which the right is confined in Article 19 of international political and civil rights. Allen& Jensen (1995), Pg30- 35 argue that freedom of expression is understood as multi-functional rights which include not only the right to disseminate, or express ideas and information but other aspects like the right to impart, seek and receive information and ideas. Nevertheless, regional, national, and international standards also recognize freedom of expression, speech which include any medium, like internet, print, oral or written. Therefore, this means that the freedom of speech protection not only includes its content but expression as well. Allen & Jensen (1995), Pg. 35-40, give an overview of the first amendment of United States that brings about religion and expression freedom as important rights in any citizen. The first theme brought out by freedom of expression consists of the right to freedom of press, assembly, and speech and government petition. I have learnt that, freedom of expression is very important in the life of every citizen. Additionally, freedom of speech is the most basic component of the freedom of expression because it allows citizens to express themselves freely without any constraint or interference by the state. The Supreme Court therefore, rules that the government should justify its interference with the right of speech. However, the government can only prohibit speech if it causes violence and peace in the country. The right of speech also includes any medium of expression that communicates a message, as well as the kind of forum in which it takes place. This particular chapter therefore, fits and expounds our knowledge in this course. This is because; it majors on both freedom of expression and the first amendment. Despite misunderstanding of freedom of expression that is protected and guaranteed by the first amendment, it is not different from freedom of speech right. Through this right, it allows individuals to express their ideas and information through dissemination and publication. Additionally, it is part of freedom of expression protected by the constitution, and therefore, does not give members of public any privileges or rights that is not given to citizens. To add to this, it raises questions and concerns on the right to assemble which allows citizens to gather for lawful and peaceful purposes. Allen& Jensen (1995), Pg 40-45, claim that the Supreme Court recognizes the right to freedom of belief and association in fifth, fourteenth and first amendments, in which this right is limited to first amendment purpose which raises questions, because it does not include any social right. The government also prohibits its citizens to associate knowingly in groups that promote illegal acts. This right also prohibits the government from denying its citizens any benefits from the government. Additionally questions and concerns that the above material raise is what particular speech is protected as well as what exactly is “speech” for the purpose of the constitution. In which one is left with questions, like must speech only comprise of expression or communication, in addition to non-verbal or verbal language. The chapter also raises questions on ethical concerns based on moral grounds of speech suppressions, and therefore, questions the government if all citizens should be allowed the freedom of expression by not attempting to suppress the speech. Additionally, it questions if the first amendment can be improved if abridging of speech is prohibited by everyone and not only the congress, as well as if every citizen should have the right to talk about anything without being suppressed by other citizens. Lastly, Chapter 3 of Allen& Jensen (1995), Pg 40-45 raises concerns on how citizens should make distinctions between symbolic and artistic speech that is protected by the first amendment, in addition to what exactly is meant by symbol in First Amendment context. References Allen, D. S., & Jensen, R. (1995). Freeing the First Amendment: Critical perspectives on freedom of expression. New York: New York University Press. Read More