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The First Amendment

However, following the case of Marbury v. Madison in 1803, the Supreme Court had claimed that authority by setting the precedent of declaring a practice unconstitutional. This precedent gave the judiciary authority to interpret Constitutional Law and determining what was allowed according to the Constitution and its Amendments and what did not. This would be important in the evolution of the meaning of the First Amendment, especially the part dealing with Freedom of Speech.
             Shortly after the Constitution's inception in 1789, Freedom of Speech was most commonly meant to be political discourse and commentary because the British had attempted to deprive the early Americans of this right when they controlled the former colonies. As Americans became more secure in their freedom the extent of Freedom of Speech became more widely debated and is still debated to this day in many public forums as well as in the courts of the United States.
             The protection granted by Freedom of Speech have some limitations and restrictions. These limitations and/or restrictions include that Freedom of Speech does not cover speech that encourages and incites others to violence, violates public safety or infringes upon the rights of others. A classic example of First Amendment limitations would be if a person yelled "FIRE!" in a crowded movie theater when there is none. This would cause panic and cause injuries and/or fatalities because many would frantically try to escape. There is also the stating of falsehood with the intent of damaging someone's reputation. This is known as slander. These instances of malicious conduct are criminal behavior and NOT covered by First Amendment Rights.
             As previously mentioned, these limitations and/or restrictions on free speech rights are determined by the judiciary branch of the United States government. This directly influences how the First Amendment evolves and is viewed by the legal community and the general public.


Essays Related to The First Amendment

1. The Historical Overview of the First Amendment

In this paper we will analyze the First Amendment of the Untied States Constitution. Further, we will provide a background history of the issues surrounding the First Amendment, a synopsis of the evolution of the interpretation of the amendment in various Supreme Court decisions and analyze how the First Amendment has impacted American society. ... The first amendment does not divide Church from State. ... The First Amendment must be for everyone and not just for one group. ... The First Amendment means what the courts say it is. ...

  • Word Count: 2783
  • Approx Pages: 11
  • Has Bibliography

2. The First Amendment of the United States

The first amendment has survived more than two-hundred years, without being modified. The finite history of the first amendment proves its significance and role in America. ... The first 10 amendments are called the Bill of Rights. ... The first amendment protects against abstracts of the freedom of speech. ... The first amendment contains two parts about the freedom of religion. ...

  • Word Count: 2064
  • Approx Pages: 8
  • Has Bibliography

3. Speech Conduct and the First Amendment

The first amendment, which consists of the first 45 words in the Bill of Rights, was ratified in 1791. ... He lost the case, due to the fact that personal use of photographs are not protected under the first amendment. ... The First Amendment, however, does not protect purely private recreational, non-communicative photography.... If they communicate a message, are they protected under the first amendment? ... Such images enjoy higher First Amendment protection in some places than in others" (Haynes). ...

  • Word Count: 1328
  • Approx Pages: 5
  • Has Bibliography

4. First Amendment Free Speech

The First Amendment to the constitution guarantees the right to free speech. ... "That is why it is important to understand the history and philosophy of the First Amendment. ... So can you really say what you want to say under protection of your First Amendment rights? ... "What's at work here is the fundamental misunderstanding of the First Amendment. ... Different First Amendment issues arise in each of the three categories of public spaces. ...

  • Word Count: 1987
  • Approx Pages: 8
  • Grade Level: Undergraduate

5. Constutional Amendments

" The First Amendment of the Constitution of the United States The first amendment was written by Thomas Jefferson, and effected on Dec 15, 1791, it is also known as Freedom of Speech, Press, Religion and Petition. The first amendment was established to prohibit the government making any law respecting an establishment of religion. ... The first amendment was also created to give the US citizen the right of speech, press, to practice religions. ... The first amendment was written because the citizen demanded a guarantee of their basic freedoms. In conclusion, the freedom of speech is...

  • Word Count: 823
  • Approx Pages: 3

6. The First Amendment of the Bill of Rights

The First Amendment is part of America's Bill of Rights. ... It is the first 10 amendments. ... The first 10 amendments are called the Bill of Rights. ... The first 10 amendments are called the Bill of Rights. ... The first amendment contains two parts about the freedom of religion. ...

  • Word Count: 2212
  • Approx Pages: 9

7. Importance of the Fifth Amendment

These first ten amendments are the very basis of American life, and if you were to take away even one or two of them, life as the current generation of Americans know it will be altered forever, perhaps irreversibly. Out of those first ten though, the ones most important to me personally are the first, second, fourth, fifth, and sixth amendments. The First Amendment is important to me because for a person to have a voice in this world is among the most basic rights in existence, and should never be taken away lest the progress of the human race be halted. ... However, when it comes to Ameri...

  • Word Count: 953
  • Approx Pages: 4
  • Grade Level: Undergraduate

8. The first amendment

The First Amendment Out of all of the amendment in the constitution I think that the first is my favorite. ... People all over the world would love to have the rights of the first amendment alone in their country. ... I think that if there was no first amendment there would be more wars between our own people because of everyone's beliefs. With out the first amendment people have no freedoms to express themselves and they would try to gain these rights by fighting for them. ... In conclusion it thinks that the first amendment is my favorite becau...

  • Word Count: 306
  • Approx Pages: 1
  • Grade Level: High School

9. Seperation Of Church And State

Vitale court case also deals with the First Amendment. ... The First Amendment is the basis of the fundamental rights that society has. ... The First Amendment has many different interpretations that people are attaching to it. ... The argument is drawn from the First Amendment and Fourteenth Amendment. ... This ruling was protected by the rights of the First Amendment and the Fourteenth Amendments. ...

  • Word Count: 1311
  • Approx Pages: 5
  • Grade Level: High School

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