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First Amendment: Does Every Individual Have Full Rights to Freedom?
From the time when the Anti-Federalists insisted on adding the Bill of Rights to the Constitution, the basics rights and freedoms of Americans have been constrained and narrowed. As of today, the narrow interpretation of the Constitution causes fundamental rights of freedom of speech, assembly, petition, press and religion to be confined. Such limitation allows the vulnerable citizens to suffer from prejudice. In many cases teachers are limited to the freedom of speech, adolescents are limited with the right to assemble, Mormons are limited to the freedom of religion, and others like students and writers do not have full rights to the First Amendment. The First Amendment limits citizens of the United States to full rights of freedom of religion/speech, assembly, and press.The First Amendment guarantees freedom of religion, speech, press, to peacefully assemble, and to petition. The First Amendment states that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the government for redress of grievances (History of Legal Issues). In other words, there should be no restrictions to the practice of religion, speech, press or any other First Amendment Rights. Furthermore, an extended clause, the Establishment Clause, was made to extend the First Amendment rights for religion, stating that Congress shall make no law to establish a religion or prohibit the practice of a religion (History of Legal Issues). Looking at America from an objective point of view, an observer can note that America seems to fully guarantee freedoms to religion, press, speech, assembly or petition. In fact, the United States Supreme Court decisions are biased and often favors political candidates and State rather than ordinary people, meaning that citizens have less power and voice to defend themselves in courts, as the First Amendment layer Lawrence Walters, stated. Thomas Jefferson once wrote that the belief and practice of a religion are solely between God and man because not a single Supreme law can restrict practice of ones mind (Bill of Rights in Action). According to First Amendment lawyer Walters, the reason why United States makes restrictions to religion is solely based on civilian protection of morals and respect toward others. Simple rights of the First Amendment are restricted to Americans.
Next, the First Amendment right of freedom of religion is restricted to religious groups, such as the Mormons. To begin with, freedom of religion is acknowledging and supporting that individuals have the right and freedom to their own beliefs and that is not what the Congress does in the United States (Religious Freedom). Groups such as the Mormons practiced polygamy as part of Mormonism (Queen 128). Mormons were viewed as a spiteful group of people; people who do not understand moral standards. The First Amendment was in effect at the time when Joseph Smith introduced this new religion, but still the people of the United States viewed Mormonism as unconstitutional due to polygamy. In 1879, the Supreme Court ruled in Reynolds vs. United States that polygamy was unconstitutional and thus forbade the right to practice Mormonism in its original form to Mormons. Even so, Mormons today continue to practice polygamy unlawfully and secretly because of religious beliefs (Bill of Rights in Action). Mormons today are remembered for their strict moral dictates and their continual support for missions and polygamy (Queens 128). The scenario with the Mormons was one of the first cases where religion was restricted and remains restricted today. Freedom of religion is limited to the citizens of the United States through the practice of Mormonism.
Another case of restricting beliefs/practice is for homosexuals. Freedom of religion means that you have the right to practice and believe in anything (Walters). For the most part, federal and state governments do not want to accept anything that obliterates standard of morals. Very few state governments permit gay marriages. But, is the belief in same sex marriage not the same as a belief in religion? According to Lawyer Walters, Mormons and homosexuals should not be deprived of a public right such as marriage because of difference in beliefs. People come from different families, countries, and traditions. Nothing should limit ones right if he or she is not harming anyone in any kind of way says Walters. Walters argues that homosexual marriages should be tolerable and not proscribed or frowned upon because it is atypical. The denial of marriage to the homosexuals is a limitation of rights for the First Amendment and the Establishment Clause.
Shifting to a school setting, school pledges and certain studies violate the First Amendment freedom. At the same time as the Establishment Clause states establishment of religion is prohibited- why do schools enforce to recite the Pledge of Allegiance every morning? In 1962, Engle v. Vitale ruling declared, school board could not create a school prayer(History of Legal Issues). The recitation of the Pledge of Allegiance is the same as a prayer because many religions do not tolerate American nationalism (Walters). Concurrently, the study of evolution violates many beliefs and practices. Although evolution is not enforced as a practice, it is enforced to memorization and testing. The theorem of evolution is subjective just like the study of creationism. Schools should teach both creation and evolution or eliminate the study of evolution from school curriculums (Walters). Schools violate the Establishment Clause and First Amendment right of religion when they enforce recitation of the Pledge of Allegiance and the study of evolution.
Another example in a school setting that limits the rights of employees is that employees cannot openly preach or manifest beliefs, and thus are limited in the right of freedom of religion and speech. In a recent case, Lee v. Weisman, an employee of a high school tried to promote an invocation and benediction at a graduation for the graduating seniors. The court, of course, ruled such a speech unconstitutional because it violates the Establishment Clause (Bill of Rights in Action). At the same time, the decision made by the Supreme Court violates the First Amendment right of practice of religion because the basic right of freedom of religion is to publicly manifest ones belief (Study Guide). How can you preach or manifest beliefs if it is unconstitutional to do? Religions such as Christianity and Islam require to manifest all the time and in all cases (Walters). In another case, Roberts v. Madigan, a teacher was prohibited to read his book, the Bible, during silent reading. The teacher was required to remove all religious books from his bookshelf because of violation to the Establishment Clause. Concurrently, the First Amendment rights of the teacher were abridged because he was required to stop the practice of his religion (Teachers Religious Liberties). This polemic argument can never be resolved if the state and federal governments do not agree to allow full exercise of religion. Freedom of religion will only be achieved when state and federal governments let the people resolve religion for themselves (Walters). Therefore, the Supreme Court and the federal government rulings violate the right of employees to manifest a religion.
Another freedom confined by the First Amendment is the freedom of assembly, which hampers students to gather in public. To begin with, organizations or clubs could be established in schools for virtually anything except religion. In Westside Community Schools v. Mergens, the court ruled that a Christian Club could not be organized on a school campus because of violation to the Establishment Clause. The Supreme Court ruled that such a club could only be arranged as a voluntary gathering after school (Bill of Rights in Action). To the students, this court decision is illegitimate because establishing a club is not establishing a religion in a school. As was said previously by lawyer Lawrence Walters, court decisions are biased and usually the people that provoke unrealistic ideas have more power than an ordinary person. Freedom for students is reduced because, as it was said in Prince v. Massachusetts and Bellotti v. Baird, minorities do not have the same rights as adults and thus they cannot assemble in school for clubs (Teachers Religious Liberties). First Amendment right of freedom of peacefully assembling is limited to students.
To continue on from the previous point, peaceful assembly is limited to students because some states in America enforce curfews. In a recent case, Qutb v. Strauss, courts concluded that the city of Dallas could enact a curfew to reduce juvenile crime (Teachers Religious Liberties). This case was supposed to be an example to promote other cities to create curfews. But does not it say in the Constitution that all people are created equal under God? Are teenagers not considered people? In the case City of Dallas v. Stanglin, the ruling forbade teenagers between ages 14 and 18 to gather in dance halls (Teachers Religious Liberties). Once again, how can a public activity was restricted to the public. In recent research, lawyer Walter says, studies show that teenagers bring the most profit to businesses. Why do courts and cities continue to limit the right of teens? In the case Florida v. J.P., the answer to why courts set curfews is to protect juveniles from crime (Teachers Religious Liberties). Curfews are needed because teenagers are in need of protection due to their unique vulnerability, immaturity, and need of parental guidance (Teachers Religious Liberties). If teenagers have such a need for curfews, why dont adults have them too? Most parents allow their children to spend hours outside homes, so how can the state say no to the parents, which have full control of their children? Crime is more popular and serious among adults than in teenagers by 35 percent (Walters). Lawyer Walters says, The Constitution declares: all men are created equal, including children and women. In conclusion, curfews are made in order to limit the First Amendment rights of teens.
Another example to when peaceful assembly is limited is in the case City of Chicago v. Morales. A group of people tried to gather together in a place but the court ruled that such a gathering is criminalized loitering, which was defined as to remain in any one place with no apparent purpose (Teachers Religious Liberties). The group did not harm or break any law. The court just thinks that such an assembly is unnecessary because people need a purpose to gather, not just to hang out. Freedom of peaceful assembly is limited when courts declare that peaceful gathering is loitering. First Amendment rights are violated.
In addition to violation of freedom of religion and assembly, the freedom of press/speech is sullied as well. Public writing is very broad and subjective. Writers, as may seem, are able to write on any subject, but, in fact, this is not true. Freedom of press is restricted in order to protect the public. The government makes rules so that regulations could be enforced to cede the full rights and control to the federal government (Walters). The United States government establishes clauses and rules in order to have more power for itself (Walters). Internet rules and guidelines are made in order to restrict freedom of speech and press. Lawyer Walters says that laws such as no yelling bomb in airports and in other federally protected places violate the First Amendment rights. To sum up, First Amendment rights to freedom of press/speech are limited to writers.
In conclusion, First Amendment rights of religion/speech, assembly, and press are limited to the citizens of the United States. Through narrow interpretation, the Establishment clause, bias opinion in courts, the First Amendment is limited. People of all ages experience their rights being deprived and weakened. From the Mormons, who may not practice polygamy, to school students, who may not assemble because of curfews, rights of the First Amendment are constrained. The basics rights and freedoms of Americans have been confined and narrowed by the democratic government of the United States.
IF YOU SUPPORT MY OPINION AND YOU WANT THE GOVERNMENT TO CHANGE SOMETHING, PLEASE SIGN THE PETITION. THIS IS FOR A SCHOOL PROJECT!!
Works Cited
Bill of Rights in Action." Constitutional Right in Action. 5 Feb. 2007
usa.org/bria/bria17_1.htm>.
History of Legal Issues." All Sides of the Story. 6 Feb. 2007
legal.history.html>.
Queen, Edward et al., eds. The Encyclopedia of American Religious History. 2 vols. New York: Facts on File, 1996.
Religious Freedom, Tolerance and Intolerance." Apologetics Index. 2 Feb. 2007
.
Study Guide." University of Minnesota Human Rights Library. 2 Feb. 2007
.
Teachers' Religious Liberties." First Amendment Center. 24 Jan. 2007. 14 Feb. 2007
.
Walters, Lawrence. E-mail interview. 19 Feb. 2007.
From the time when the Anti-Federalists insisted on adding the Bill of Rights to the Constitution, the basics rights and freedoms of Americans have been constrained and narrowed. As of today, the narrow interpretation of the Constitution causes fundamental rights of freedom of speech, assembly, petition, press and religion to be confined. Such limitation allows the vulnerable citizens to suffer from prejudice. In many cases teachers are limited to the freedom of speech, adolescents are limited with the right to assemble, Mormons are limited to the freedom of religion, and others like students and writers do not have full rights to the First Amendment. The First Amendment limits citizens of the United States to full rights of freedom of religion/speech, assembly, and press.The First Amendment guarantees freedom of religion, speech, press, to peacefully assemble, and to petition. The First Amendment states that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the government for redress of grievances (History of Legal Issues). In other words, there should be no restrictions to the practice of religion, speech, press or any other First Amendment Rights. Furthermore, an extended clause, the Establishment Clause, was made to extend the First Amendment rights for religion, stating that Congress shall make no law to establish a religion or prohibit the practice of a religion (History of Legal Issues). Looking at America from an objective point of view, an observer can note that America seems to fully guarantee freedoms to religion, press, speech, assembly or petition. In fact, the United States Supreme Court decisions are biased and often favors political candidates and State rather than ordinary people, meaning that citizens have less power and voice to defend themselves in courts, as the First Amendment layer Lawrence Walters, stated. Thomas Jefferson once wrote that the belief and practice of a religion are solely between God and man because not a single Supreme law can restrict practice of ones mind (Bill of Rights in Action). According to First Amendment lawyer Walters, the reason why United States makes restrictions to religion is solely based on civilian protection of morals and respect toward others. Simple rights of the First Amendment are restricted to Americans.
Next, the First Amendment right of freedom of religion is restricted to religious groups, such as the Mormons. To begin with, freedom of religion is acknowledging and supporting that individuals have the right and freedom to their own beliefs and that is not what the Congress does in the United States (Religious Freedom). Groups such as the Mormons practiced polygamy as part of Mormonism (Queen 128). Mormons were viewed as a spiteful group of people; people who do not understand moral standards. The First Amendment was in effect at the time when Joseph Smith introduced this new religion, but still the people of the United States viewed Mormonism as unconstitutional due to polygamy. In 1879, the Supreme Court ruled in Reynolds vs. United States that polygamy was unconstitutional and thus forbade the right to practice Mormonism in its original form to Mormons. Even so, Mormons today continue to practice polygamy unlawfully and secretly because of religious beliefs (Bill of Rights in Action). Mormons today are remembered for their strict moral dictates and their continual support for missions and polygamy (Queens 128). The scenario with the Mormons was one of the first cases where religion was restricted and remains restricted today. Freedom of religion is limited to the citizens of the United States through the practice of Mormonism.
Another case of restricting beliefs/practice is for homosexuals. Freedom of religion means that you have the right to practice and believe in anything (Walters). For the most part, federal and state governments do not want to accept anything that obliterates standard of morals. Very few state governments permit gay marriages. But, is the belief in same sex marriage not the same as a belief in religion? According to Lawyer Walters, Mormons and homosexuals should not be deprived of a public right such as marriage because of difference in beliefs. People come from different families, countries, and traditions. Nothing should limit ones right if he or she is not harming anyone in any kind of way says Walters. Walters argues that homosexual marriages should be tolerable and not proscribed or frowned upon because it is atypical. The denial of marriage to the homosexuals is a limitation of rights for the First Amendment and the Establishment Clause.
Shifting to a school setting, school pledges and certain studies violate the First Amendment freedom. At the same time as the Establishment Clause states establishment of religion is prohibited- why do schools enforce to recite the Pledge of Allegiance every morning? In 1962, Engle v. Vitale ruling declared, school board could not create a school prayer(History of Legal Issues). The recitation of the Pledge of Allegiance is the same as a prayer because many religions do not tolerate American nationalism (Walters). Concurrently, the study of evolution violates many beliefs and practices. Although evolution is not enforced as a practice, it is enforced to memorization and testing. The theorem of evolution is subjective just like the study of creationism. Schools should teach both creation and evolution or eliminate the study of evolution from school curriculums (Walters). Schools violate the Establishment Clause and First Amendment right of religion when they enforce recitation of the Pledge of Allegiance and the study of evolution.
Another example in a school setting that limits the rights of employees is that employees cannot openly preach or manifest beliefs, and thus are limited in the right of freedom of religion and speech. In a recent case, Lee v. Weisman, an employee of a high school tried to promote an invocation and benediction at a graduation for the graduating seniors. The court, of course, ruled such a speech unconstitutional because it violates the Establishment Clause (Bill of Rights in Action). At the same time, the decision made by the Supreme Court violates the First Amendment right of practice of religion because the basic right of freedom of religion is to publicly manifest ones belief (Study Guide). How can you preach or manifest beliefs if it is unconstitutional to do? Religions such as Christianity and Islam require to manifest all the time and in all cases (Walters). In another case, Roberts v. Madigan, a teacher was prohibited to read his book, the Bible, during silent reading. The teacher was required to remove all religious books from his bookshelf because of violation to the Establishment Clause. Concurrently, the First Amendment rights of the teacher were abridged because he was required to stop the practice of his religion (Teachers Religious Liberties). This polemic argument can never be resolved if the state and federal governments do not agree to allow full exercise of religion. Freedom of religion will only be achieved when state and federal governments let the people resolve religion for themselves (Walters). Therefore, the Supreme Court and the federal government rulings violate the right of employees to manifest a religion.
Another freedom confined by the First Amendment is the freedom of assembly, which hampers students to gather in public. To begin with, organizations or clubs could be established in schools for virtually anything except religion. In Westside Community Schools v. Mergens, the court ruled that a Christian Club could not be organized on a school campus because of violation to the Establishment Clause. The Supreme Court ruled that such a club could only be arranged as a voluntary gathering after school (Bill of Rights in Action). To the students, this court decision is illegitimate because establishing a club is not establishing a religion in a school. As was said previously by lawyer Lawrence Walters, court decisions are biased and usually the people that provoke unrealistic ideas have more power than an ordinary person. Freedom for students is reduced because, as it was said in Prince v. Massachusetts and Bellotti v. Baird, minorities do not have the same rights as adults and thus they cannot assemble in school for clubs (Teachers Religious Liberties). First Amendment right of freedom of peacefully assembling is limited to students.
To continue on from the previous point, peaceful assembly is limited to students because some states in America enforce curfews. In a recent case, Qutb v. Strauss, courts concluded that the city of Dallas could enact a curfew to reduce juvenile crime (Teachers Religious Liberties). This case was supposed to be an example to promote other cities to create curfews. But does not it say in the Constitution that all people are created equal under God? Are teenagers not considered people? In the case City of Dallas v. Stanglin, the ruling forbade teenagers between ages 14 and 18 to gather in dance halls (Teachers Religious Liberties). Once again, how can a public activity was restricted to the public. In recent research, lawyer Walter says, studies show that teenagers bring the most profit to businesses. Why do courts and cities continue to limit the right of teens? In the case Florida v. J.P., the answer to why courts set curfews is to protect juveniles from crime (Teachers Religious Liberties). Curfews are needed because teenagers are in need of protection due to their unique vulnerability, immaturity, and need of parental guidance (Teachers Religious Liberties). If teenagers have such a need for curfews, why dont adults have them too? Most parents allow their children to spend hours outside homes, so how can the state say no to the parents, which have full control of their children? Crime is more popular and serious among adults than in teenagers by 35 percent (Walters). Lawyer Walters says, The Constitution declares: all men are created equal, including children and women. In conclusion, curfews are made in order to limit the First Amendment rights of teens.
Another example to when peaceful assembly is limited is in the case City of Chicago v. Morales. A group of people tried to gather together in a place but the court ruled that such a gathering is criminalized loitering, which was defined as to remain in any one place with no apparent purpose (Teachers Religious Liberties). The group did not harm or break any law. The court just thinks that such an assembly is unnecessary because people need a purpose to gather, not just to hang out. Freedom of peaceful assembly is limited when courts declare that peaceful gathering is loitering. First Amendment rights are violated.
In addition to violation of freedom of religion and assembly, the freedom of press/speech is sullied as well. Public writing is very broad and subjective. Writers, as may seem, are able to write on any subject, but, in fact, this is not true. Freedom of press is restricted in order to protect the public. The government makes rules so that regulations could be enforced to cede the full rights and control to the federal government (Walters). The United States government establishes clauses and rules in order to have more power for itself (Walters). Internet rules and guidelines are made in order to restrict freedom of speech and press. Lawyer Walters says that laws such as no yelling bomb in airports and in other federally protected places violate the First Amendment rights. To sum up, First Amendment rights to freedom of press/speech are limited to writers.
In conclusion, First Amendment rights of religion/speech, assembly, and press are limited to the citizens of the United States. Through narrow interpretation, the Establishment clause, bias opinion in courts, the First Amendment is limited. People of all ages experience their rights being deprived and weakened. From the Mormons, who may not practice polygamy, to school students, who may not assemble because of curfews, rights of the First Amendment are constrained. The basics rights and freedoms of Americans have been confined and narrowed by the democratic government of the United States.
IF YOU SUPPORT MY OPINION AND YOU WANT THE GOVERNMENT TO CHANGE SOMETHING, PLEASE SIGN THE PETITION. THIS IS FOR A SCHOOL PROJECT!!
Works Cited
Bill of Rights in Action." Constitutional Right in Action. 5 Feb. 2007
usa.org/bria/bria17_1.htm>.
History of Legal Issues." All Sides of the Story. 6 Feb. 2007
legal.history.html>.
Queen, Edward et al., eds. The Encyclopedia of American Religious History. 2 vols. New York: Facts on File, 1996.
Religious Freedom, Tolerance and Intolerance." Apologetics Index. 2 Feb. 2007
.
Study Guide." University of Minnesota Human Rights Library. 2 Feb. 2007
.
Teachers' Religious Liberties." First Amendment Center. 24 Jan. 2007. 14 Feb. 2007
.
Walters, Lawrence. E-mail interview. 19 Feb. 2007.
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