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Law in society is best understood as an endeavor – a living institution performing social tasks. The legal order is more than a system of norms or rules. It is also a set of agencies responding to social needs, pressures, and aspirations. In most human interaction, people have to accept the risk that others will not do what is expected of them. Some expectations are formally recognized and can be the basis of claims of rights. Buchanan (2010, par. 2) averred that the First Amendment “was written because at Americas inception, citizens demanded a guarantee of their basic freedoms”. As a “blueprint for personal freedom and the hallmark of an open society, the First Amendment protects freedom of speech, press, religion, assembly and petition” (Buchanan, 2010, par. 3).
In this regard, this essay is written to proffer at least one Supreme Court case of significance related to three of the provisions of the First Amendment. In addition, the rights and responsibilities that the Constitution provides an individual as an American citizen would be evaluated. These issues would be discussed in terms of the rationale for determining the need to discuss each case to be heard and interpreted by the Supreme Court. Finally, the essay would determine how the Supreme Court’s decision in each case continues to affect the rights of American citizens today.
The First Amendment clearly and explicitly stipulated rights pertinent to speech, assembly and religion. Buchanan presented these provisions in concise and abstracted terms, as quoted to wit: “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” (Buchanan, 2010, par. 1).
The Rosenberger v. Rector & Visitors of the University of Virginia, U.S. (1995, 1) is an example of a Supreme Court
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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 occurring, and so he used a city ordinance about Communist groups to try and forbid them to gather.
While trying his best to make sense of the lecture, he became frustrated and yelled “Fuck history. I hate history and all this bullshit. I don’t even know why we need to learn this shit. I am damn sure that our government is bunch of corrupt fools.” Entire class burst into laughter except our history teacher.
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 but not all speech is protected, an important distinction among other aspects of speech this discussion will investigate.
Freedom of expression not only encompasses the rights to freedom of speech and freedom of the press, but also the right to assemble as well as to appeal to the government in case of complaints. The First Amendment, which was implemented in 1791, stated that the congress would not create any law respecting formation of religion, or barring the open exercise thereof; or shortening the openness of speech, or of the press; or the moral of the citizens peaceably to collect, and to request the Government for a redress of complaints.
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 through changes in constitution.
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 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 First Amendment.
According to them, the Congress must pass on legislation to chop off the amount of spam. 2 Spam messages are used to flood e-mailboxes, all over the internet. They sell everything that can be from sex to education. It is communicated with the internet users either by sending bulk of mails or through the posting of newsgroups, carrying to the internet mailing list.
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 express their
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
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