The Most Instrumental Amendment in the Bill of Rights - Term Paper Example

 The First Amendment, First for a Reason The First Amendment to the Constitution is the most recognized and recited of the Bill of Rights within both political and social realms because it is the most essential in preserving the uniquely American freedom the Founding Fathers envisioned. The First Amendment effectively guarantees free speech, freedom of the press and religion. Freedom of the press is an extension to the freedom of speech concept. A free press is essential to the idea of democracy and has been accurately described as the ‘Fourth Estate’ of government. As the three branches of government act to check and balance each other, the press watches over them all. The freedom of religion has been interpreted by many as a constitutional right to the freedom from religion, as issue that refers to many topics not the least of which involves the teaching of the Biblical account of human creation in public schools. The Founders created a secular nation intended not to be influenced by religious dogma whose government is held accountable by the people via information gained by the media. The First Amendment is the glue that holds the country’s hard-fought-for freedoms intact. It also acts to widen the ideological divide between those who would make it a Christian nation with Christian schools and those who respect and defend the Founders well-documented intentions for America. The Bill of Rights is widely acknowledged as the most significant Amendments in the Constitution and the First Amendment, the most instrumental of those first ten amendments. The First Amendment 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 Constitution”, 2006). Americans are guaranteed the right to believe anything they wish by the U.S. Constitution including their own religious belief of creation, but it forbids these suppositions to be taught in public school science courses. Advocates of instructing creationism universally desire to impose their beliefs across a broad range of students of widely varying philosophical backgrounds. Their continuing efforts have persuaded some American schools to teach creationism, or intelligent design theory, instead of or along with evolution. The government can neither promote nor oppose particular religious beliefs or doctrines according to the Constitution as interpreted by the Supreme Court. The First Amendment does not impede religion by disallowing creationism to be taught. Instead, it guarantees religious freedoms by protecting individual rights to worship. The idea of creation is undeniably religious doctrine. The government, therefore, cannot promote it in classrooms as science without infringing on the First Amendment (Dorman, 2005). The First Amendment, if strictly interpreted, will allow society to advance intellectually past the medieval period. If not for this most pertinent amendment, what amounts to fables and myths would have the ability to replace science in the classroom and lead to the declination of a rational, modern civilization. The Founding Fathers considered a free press one of if not the most important aspect in the formation of a free and democratic society. Though much of American law is patterned from the English legal system, the Founders wanted to distinguish the newly formed government from England where the press was tightly censored. Journalists who questioned the King’s decisions were often jailed or worse. The Founders knew that if the press were not free, the country would not be either. The protection of confidential sources is a vital element of a truly free press but this right is only partially protected by the First Amendment according to Supreme Court rulings. The First Amendment provides journalists with a limited privilege not to disclose their sources or information to litigants who seek to use that information in court. “In Branzburg v. Hayes, 408 U.S. 665 (1972), the Supreme Court held that reporters did not have a privilege to refuse to answer a grand jury’s questions that directly related to criminal conduct that the journalists observed and wrote about” (Goodale, 1997). The overwhelming majority of Americans believe the press should be able to keep all sources confidential and that anything less violates the intent of the Founders. A majority of states do as well. More than half have passed legislation commonly known as ‘Shield Laws’ which extend this privilege to journalists. Sources of information are essential to the work of the press. Some sources wish to remain confidential so as not to jeopardize their position. Without these sources, government misdoings such as the Watergate scandal would never have come to light. Whether or not a journalist has the right to protect the identity of their sources is a constitutional issue that remains controversial. As guaranteed by the First Amendment, a free press serves to enlighten the public regarding governmental activities. The value of uncensored information to the continuance of democracy cannot be understated. In a society that governs itself, such as the U.S., the ability to make knowledgeable decisions based upon unfiltered information and open discussions is vital to its continued existence. Perhaps Abraham Lincoln articulated this sentiment as well as anyone when he stated, “Let the people know the facts, and the country will be safe” (Krimsky, 1997). The author of the Declaration of Independence, founder of America’s first University and third president Thomas Jefferson believed that liberty depended upon a free press and to limit this fundamental freedom would be to lose it altogether, along with it the freedoms of the nation’s citizens. According to Jefferson, “The basis of our government being the opinion of the people, the very first object should be to keep that right” (Kann, 2006). The founders of the nation created the government of and thus answerable to the people. Journalists are the conduit that carries this right of the people. The Watergate scandal which exposed criminal activity by the highest level of government and caused the downfall of the Nixon administration was uncovered by investigative journalists employed by the Washington Post newspaper. Those journalists, Bob Woodward and Carl Bernstein, through great effort and perseverance, discovered and publicized the misdoings of the leader of the nation. They did so even though they were under enormous pressures including threats of physical and professional harm. They are true patriots and proved the system that provides Americans their unique style of freedom does indeed work intended by the Founders as evidenced by the First Amendment (Krimsky, 1997). The role of the media is critical to the preservation of freedom itself. The Constitutional right to freedom of expression and of the press includes the un-infringed right to investigate and publicly announce information or to espouse opinion. An effective media outlet must have editorial independence and serve a diversity of public interests uncontrolled by government or ideological influence. An adversarial relationship sometimes exists between mass media and the government regarding the public’s right to know balanced against matters of national security (Center for Democracy and Governance 1999 p. 5). Despite the criticisms of the press, would anyone in this country actually want press to stop doing its job? Journalists, as part of a free press, serve to enlighten the public regarding governmental activities as well as other items of common interest, often placing themselves in harm’s way for the benefit of others. America probably needs the freedom of the press today more so than in any other time in its history. The current presidential administration has stripped away freedoms at an unprecedented rate and ignored global and domestic concerns. The nation is involved in an illegal and immoral war and politicians are as corrupt as ever. The press should be held to the high standard they set for themselves and revered and recognized for the vital function they provide the country. Without the press and the constitutionally guaranteed freedom it enjoys in this nation, democracy could not endure. If they were to overstep their powers, the American citizens would not know if it were not for dedicated journalists who consider it their patriotic duty to guard the interests of the public. The First Amendment gives us the freedom to think and express those thoughts. In order to think effectively and act appropriately, one must have credible information which is supplied by a free press. Imagine if a right-wing evangelist were in the White House and could control information, a not too far-fetched possibility given the political reality of the day. The U.S. would become a dictatorship whose citizens would be told how to think and what not to say by the government. This scenario is what the Founders were trying to avoid by penning the words of the First Amendment. However, in Kansas, public school children are presented the creationist story and the theory of evolution together as equally credible. The press did not report anything negative about Iraq until relatively recently because they feared being labeled as unpatriotic when their patriotic duty was actually to uncover the truth. Without the First Amendment, America would be a much different place and it must be adhered to if the nation is to remain the shining beacon of freedom for the world it desires to be. Works Cited Center for Democracy and Governance. “The Role of Media in Democracy: A Strategic Approach.” Bureau for Global Programs, Field Support and Research. Washington D.C.: US Agency for International Development, June 1999. October 21, 2007 “(The) Constitution: The Bill of Rights.” (2006). Cornell Law School. October 21, 2007 Dorman, Clark. “Edwards v. Aguillard: US Supreme Court Decision.” The Talk Origins Archive. (November 6, 2005). October 21, 2007 Goodale, James C. “The First Amendment And Freedom Of The Press.” eJournal USA. Vol. 2, No. 1, (February 1997). October 21, 2007 Kann, Peter R. “The Power of the Press.” Wall Street Journal. (December 13, 2006). October 21, 2007 Krimsky, George A. “The Role of the Media in a Democracy.” A Free Press: Rights and Responsibilities. United States Information Agency, 1997. Read More