What exactly is the First Amendment? Its gives the people of the United States of America the right of freedom of religion, assembly, speech, and right to petition. The First Amendment is applied to the entire Federal Government, although its only applicable to Congress. In addition the Fourth Amendment protects the First Amendment because of the due process clause, and protects the rights from intervention by the state governments. Two clauses in the first amendment assure freedom of religion, which forbid the government to establish one religion or preferring one religion over another. According to Justia “the free exercise clause prohibits the government, in most instances, from interfering with a person's practice of their religion” (Justia. …show more content…
The two got denied from benefits by the government because of work related misconduct. They took it to the state court and lost the fight, but the U.S Supreme Court overthrow the Oregon Supreme Court’s judgment in opposition to the petulant employees and returned the case to Oregon courts. The Oregon court was going to resolve the issue in “whether or not sacramental use of illegal drugs violated Oregon’s state drug laws( 485 U.S 660(1988)”(Oyez. Employment Division, Department of Human Resources of Oregon v. Smith). Prolonged, the Oregon Supreme Court concluded that during the time the Oregon drug law banned the utilization of drugs for religious purposes. This violated the free exercise clause, returning it back to the Supreme Court in a new perspective. Furthermore “The free exercise of religion means, first and foremost, the right to believe and profess whatever religious doctrine one desires. Thus, the First Amendment obviously excludes all "governmental regulation of religious beliefs as such." Sherbert v. Verner, supra, 374 U.S. at 374 U. S. 402” (Justia. U.S Supreme …show more content…
A game changer was that the court infringed their First Amendment rights. Which in the First Amendment it states that people have the right to practice their religion. The case was at a whole new stage, and now was viewed at a different point. According to Justia “The Oregon Supreme Court held that respondents' religiously inspired use of peyote fell within the prohibition of the Oregon statute, which "makes no exception for the sacramental use" of the drug. 307 Or. 68, 72-73, 763 (1988)” (Justia. U.S Supreme Court). In which later the court later concluded that both men could not be denied unemployment benefits just because they were practicing their religion. Stated in a Gale Article “Prior to this ruling, in a line of cases going back thirty years, the Court had consistently declared that governments could not, without "compelling reason," infringe on the free exercise of religion. Those rulings upheld the rights of individuals who, for religious reasons, would not work on the Sabbath or, in the most famous of these cases, of the old-order Amish who refused to send their children to state-run schools”(Court, U.S Supreme. Employment Division v.
Citizens are protected by two constitutional amendments, under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable.
In other words, the first Amendment guarantees freedoms concerning religion, expression, assembly, the right to petition and the separation of church and state. It also
The First Amendment to the United States Constitution prohibits the making of any law respecting an establishment of religion or impeding the free exercise of religion. Adopted on 15 December 1791, it is one of the ten amendments that constitute the Bill of Rights.
The First Amendment states that “everybody has freedom of speech, press, and religion.” The First Amendment allows us, as U.S. citizens to speak freely about our feelings throughout the government. The First Amendment could possibly be the most important in the whole Bill of Rights. This amendment affects us in our daily life, whether we're teenagers or adults
The first amendment states your basic liberties. It is one of the most important bills in the bill of rights. These basic liberties are freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government. This amendment also has a lot of historical significance and there are a lot of court cases today that involve this amendment. There are also quite a few current issues involving the first amendment.
The First Amendments is a blessing that the United States is fortunate enough to have. First and foremost, First Amendment protects the right to freedom of religion and expression, without any government interference ("First Amendment" n.p.). The freedom of expression includes the right to free speech, press, assembly, and to petition the government for a redress of grievances ("First Amendment" n.p.). Redress of grievances guarantees people the right to ask the government to provide relief for a wrong through courts or other governmental action ("First Amendment" n.p.). People are allowed to practice their own religions and do not have to conform to one religion, all because of the First Amendment. People's rights are protected with no government interference.
The first amendment is the by far one of the most important amendments in the bill of rights, it grants citizens freedom of speech, press, assembly, and freedom of religion. Without these essential freedoms we would not be able to speak freely, worship freely, and we would not be able to critique our government or those in positions of power, etc. The first amendment states:
A very popular constitutional issue in America is the First Amendment. The First Amendment is meant to protect, but in today’s society it is being questioned that the argument is being overly used. The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference (Esmaili). Freedom of religion created the separation of church and state. It prohibits the government from interfering with a person's practice of their religion. The right to freedom of speech allows individuals to express themselves without government interference or regulation. The right of freedom of expression gives the right to assemble and gather for peaceful and lawful purposes. It was adopted into the Bill of Rights in 1791. The Court later interpreted the Due Process Clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. Putting this is layman’s term, you can pretty much say what you want without being penalized.
The First Amendment to the U.S. Constitution is part of our countries Bill of Rights. The first amendment is perhaps the most important part of the U.S. Constitution because the amendment guarantees citizens freedom of religion, speech, writing and publishing, peaceful assembly, and the freedom to raise grievances with the Government. In addition, amendment requires that there be a separation maintained between church and state.
The first amendment formed our country and brought us together to be the free country we are. The first amendment talks about how we get the freedom of religion, freedom of speech, Freedom of press. Amendment 1 is the most important Amendment because it doesn’t allow Congress to make laws about respending religion, or prohibiting the free exercise thereof, and abridging the freedom of speech or press.
This was appealed until it reached the Supreme Court for Muller's reasoning that the law passed by the state of Oregon was unconstitutional, therefore he should not have to pay the fine. Written in his brief, he states:
The three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be secure in their persons, papers, and effects, against unreasonable searches and seizures. (Peak, 2015, p.181). The Fifth Amendment protects the accused against self-incrimination, double jeopardy, and life, liberty, and property. Meaning no person will be forced to be a witness against themselves, they cannot be tried for the same offense twice, and their right to life, liberty, and property are protected under the law. (Peak, 2015, p.193). The Sixth Amendment is the right to counsel. Any person who is accused of a crime has the right to counsel for their defense, a speedy and public trial by an impartial jury, to be informed of the nature of their crime which also includes Miranda rights, and to be confronted with the witness against him/her while also having witnesses of their own. (Peak, 2015, p.195). These three Amendments in summary mean to me, that any person who is accused of a crime is innocent until proven guilty and their rights are just as important as anyone else. They have the natural born right to have their rights as citizens protected under the law, and ensure fair treatment from law enforcement officers.
The first Amendment gives the citizens the freedom to speech, religion, to assemble, and to petition.
What is the 1st amendment? It is what keeps the nation whole, it gives us americans our voice. In the first amendment, it gave us three rights. The amendment gave us the freedom from religion, the freedom of speech and the freedom press. The freedom is a big part of the united states. If we didn't have freedom of religion there would be a whole lot of chaos going around. In arkansas every block has a different church for a different part of a religion. Lets face it with over a billion people in the united states their is no way we could all be under one religion. With immigrants coming into america it doesn't just bring them but their religion too. But we didn’t always be allowed to get our voice out, thanks to the 1st
The issue here becomes whether the court’s decision was the right one or if they could have come up with a different decision had the case been studied from different perspectives making the decision wrong. Both arguments (for and against the Court’s decision) are discussed below, but I personally believe that court’s decision was the only right one to make.