Nobody downloaded yet

First amendment - Essay Example

Comments (0) Cite this document
Summary
First Amendment (University) and number) (Date submitted) First Amendment The freedom of expression is a constitutional right as provided by the First Amendment of the US Constitution. The extent of this right has, however, been open to discussion for a long period of time, owing to questions of violations or abuse of this provision…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.6% of users find it useful
First amendment
Read TextPreview

Extract of sample "First amendment"

Download file to see previous pages There have been a number of issues posing questions as to the effectiveness and extent of the provisions in the First Amendment. One of such is the Citizens United case popularly referred to as the ‘Citizens United v. Federal Election Commission’, in which the US Supreme Court, following a 5-4 decision, ruled that corporations and unions have similar political speech rights as individuals under the First Amendment. Being a conservative non-profit organization, Citizens United claims its commitment to restoring the control of the United States government to the citizens, as well as to emphasize American principles of limited government, autonomy of enterprise, strong families, and state sovereignty and security. Citizens United produced a documentary named Hillary-with respect to the then Senator Hillary Clinton, which was the main issue of the court case. The Federal Election Campaign Act of 1971, which controls the financing of political campaigns, was amended by the Bipartisan Campaign Reform Act of 2002 (BCRA). Following the amendment, this federal law prevents corporations and unions from spending their general treasury funds towards independent expenditures for a speech referred to as an ‘electioneering communication’, in other words a speech that concerns elections or one that portrays endorsement or disapproval of a candidate in the elections. As defined in the constitution, an electioneering communication ideally refers to any broadcast, cable, or satellite communication that refers to an openly identified candidate for Federal office and is created in 30 days of a major election or 60 days of a common election, (2 U.S.C. § 441b), and that is publicly distributed (11 CFR § 100.29(a)(2)). The documentary-Hillary was released at a time when Hillary Clinton was running for the Democratic presidential nomination, and as such, it conveyed opinions on Hillary’s suitability for the presidency. Not only did Citizens United avail the documentary in theatres and on DVDs, but also planned to make it accessible through video-on-demand. Further, Citizens United went ahead to produce television advertisements to endorse the movie and planned to run them on broadcast and cable television. However, the advertisements and the video-on-demand distribution had to be paid for, and as such, Citizens United opted to spend its general treasury funds. Consequently, Citizens United’s production and initiative was reflective of a violation of § 441b of the constitution. Realizing the looming threat of facing possible civil and criminal charges, Citizens United rushed in to seek an injunction in federal district court, against the Federal Elections Commission (FEC), posing various arguments. First, Citizens United presented an argument claiming that § 441b is unconstitutional with regard to the movie Hillary; a motion that the District Court denied and instead granted summary judgment to the FEC. In addition, it argued that, as applied to the movie Hillary and the ads endorsing it, BCRA's disclaimer and disclosure requirements (BCRA §§201 and 311) are also unconstitutional. According to BCRA ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“First amendment Essay Example | Topics and Well Written Essays - 3250 words”, n.d.)
First amendment Essay Example | Topics and Well Written Essays - 3250 words. Retrieved from https://studentshare.org/law/1473961-first-amendment
(First Amendment Essay Example | Topics and Well Written Essays - 3250 Words)
First Amendment Essay Example | Topics and Well Written Essays - 3250 Words. https://studentshare.org/law/1473961-first-amendment.
“First Amendment Essay Example | Topics and Well Written Essays - 3250 Words”, n.d. https://studentshare.org/law/1473961-first-amendment.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF First amendment

First amendment assignment

...?First Amendment Rights One of the rights guaranteed by the First Amendment is that of the right to free assembly, which is the ability to gather in peaceful groups without interference. The right to assembly also means that the government cannot police what organizations citizens can form or join; however most Supreme Court cases dealing with the right to assembly have to do with citizen's right to gather for peaceful protest. Hague v. Committee for Industrial Organization, 307 U.S. 496 (1939) http://supreme.justia.com/us/307/496/case.html This case involved the freedom of assembly as it has to do with controlling whether or not a certain group could meet in public places. The mayor of Jersey City wanted to stop labor meetings... from...
4 Pages(1000 words)Essay

First Amendment

...in to escort him out. Later a parent conference meeting was scheduled and he was awarded an hour detention for a week. Was Jacob’s right of freedom of expression under first amendment violated? Was the management decision justified? How can we draw a balance between rights and obligations under the garb of freedom of expression? One’s unpopular speech is other’s free speech. Is disciplining student a right reserved to college faculty? This essay tends to analyze these questions by comparing two essays from Stanley Fish and Stuart Taylor in order to seek a plausible role of first amendment in college campus. Stanley Fish, in his essay “The Free Speech Follies”, argues...
5 Pages(1250 words)Essay

First Amendment

...? The First Amendment Protects Free Speech The First Amendment does protect free speech. More precisely, it protects a person’s legal right to express their opinions freely without fear of government intervention. The Constitutional right extends solely to government attempts of suppressing speech not corporations, organizations or individuals. This is a common misconception. Some people think they have the right to say whatever they want to or about whomever they choose without fear of legal retribution. This is not true. The First Amendment defines freedom for the U.S. separating it from many other nations that do not allow free speech...
3 Pages(750 words)Essay

First Amendment Rights

...? Freedom of Speech/Expression Freedom of Speech/Expression The First Amendment of the constitution of United s disallows the creation of rules and regulations that are in the favor of a particular religion and even restricted from creation of laws that are an obstacle in individual’s right to exercise religion, express oneself and stand against the government for the protection of their rights (Alexander, 2005, p.365). On the surface, this Amendment seems to provide a lot of benefits to the American society. For example: media has the freedom to provide information to the citizens of US, and the citizens of US are free to fight for their rights that might be violated by the government...
3 Pages(750 words)Essay

The First Amendment

...The First Amendment to the Constitution of the United s of America represented the first ratification to the Constitution. It s back to 1791 and guarantees the Freedom of Religion, Speech, Press, Assembly and Petition. It states: 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 peaceably to assemble, and to petition the government for a redress of grievances (The United States Constitution, http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmenti) The First Amendment speaks to the very...
6 Pages(1500 words)Essay

First Amendment freedoms

...THE 1st AMENDMENT Thomas Jefferson once claimed, "A democracy cannot be both ignorant and free." This was the commonly held attitude of the "enlightened" men who settled the United States. The framers of the Constitution believed that if the new U.S. citizens failed to take care to share information completely among themselves, they would be worse off than they had been as subjects of the British monarchy they fled. The new American settlers brought with them a desire for democracy and openness. They left behind a history of tyranny and official control of information. Using this experience as their guide, the constitutional fathers wrote into their new Constitution a Bill of Rights, which contained the...
8 Pages(2000 words)Essay

First Amendment Legal Precedents

Here, Las Vegas is attempting to assert that a public street is a private place and the notion flies in the face of the first amendment. If the city of Las Vegas regulates the content of the expression, there must be a compelling state interest and must be narrowly written to achieve that interest. Perry Education Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1983). Restrictions on speech in a public forum will likely also be upheld if the expressive activity being regulated is a type that is not entitled to full First Amendment protection, such as obscenity. Laws that regulate the time, manner, and place, but not content, of speech in a public forum receive less scrutiny by the Court than do laws that restrict the content o...
9 Pages(2250 words)Essay

First Amendment

...The first amendment and the protection of freedom of speech The first amendment of the United s constitution clearly defines the free speech concept and the corresponding regulations. The Supreme Court is the legal custodian of the first amendment and its proper implementation. Introduction The first amendment grants people the right to free speech and expression without government intervention. It gives them the right to make public opinions, news and information without any meddling from the government. It grants people the right to gather and march in public, demonstrate, protest and carry signs to...
3 Pages(750 words)Essay

First Amendment Case

...Why the courts have created more problems in solving the pornography issue? Today, two important cases were decided by the courts. They will become amodel for future cases such as this, making a legal precedent when deciding the controversial offense of pornography.The Supreme Court of California upheld Miller vs. California, saying that pornography cannot be permitted and that it is not protected under the First Amendment. This case involves the complaint to a mass mailer of sexually explicit pamphlets. It is part of an advertising campaign to sell books. But those who received them became angry and offended. So they filed a complaint. It was earlier decided and the lower court ruled that the campaign is...
3 Pages(750 words)Essay

First Amendment: Free speech

...First Amendment and Free Speech: No Freedom should be Absolute of the and Section of the The right to free speech extended by the First Amendment to the Constitution is indeed evocative of the genius and moral stature of the founding fathers. Free speech indeed happens to be the bedrock of a vibrant democracy. However, there is no denying the fact that the right to free speech should be interpreted with deference to some commonsensical restraints and limitations as any freedom that is interpreted in an absolute sense is poised to do more harm than good. The freedom of speech extended by the First Amendment in a way defined the nature of...
3 Pages(750 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic First amendment for FREE!

Contact Us