First Amendment Paper
The First Amendment is part of the Bill of Rights. The Bill of Rights is our rights as citizens living in the United States of America. In this paper I will look at three provisions to the First Amendment, highlighting one case for each provision. Included are one case to discuss freedom of speech, one case to discuss separation of church and state and one case to discuss freedom of association.
1.) Discuss at least one Supreme Court case of significance related to three of the provisions of the First Amendment.
Case number 1: Cohen v. California, 403 U.S. 15 (1971), this was a United States Supreme Court case dealing with freedom of speech. The United States Supreme Court overturned a disturbing the peace
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This case affects all of us today because it prevents local and federal government determine what is appropriate or over the line when we are expressing ourselves.
2.) Discuss at least one Supreme Court case of significance related to three of the provisions of the First Amendment.
Case number 2: McCollum v. Board of Education, 333 U.S. 203 (1948), this was a United States Supreme Court case dealing with separation of church and state. This case was argued at the United States Supreme Court to the power of a state to use tax money to support public schools to provide religious instruction.
Vashti McCollum an atheist objected to the religious classes being provided by the Champaign public school district. McCollum argued that the school district violated the First Amendment, the principle of separation of church and state.
a.) Why did this case have to be heard and interpreted by the Supreme Court?
McCollum v. Board of Education, 333 U.S. 203 (1948) was first decided in the circuit court of Champaign County in favor of the school district. McCollum then appealed to the Illinois Supreme Court that held the lower court’s ruling. McCollum finally appealed to the United States Supreme Court that agreed to hear her case.
The Courts decision was in favor or Vashti McCollum by a vote of 8-1ruling that the religious classes was unconstitutional. Justice Hugo Black stated
Marbury v. Madison has been hailed as one of the most significant cases that the Supreme Court has ruled upon. In this paper, I will explain the origins and background in the case, discuss the major Constitutional issues it raised, and outline the major points of the courts decision. I will also explain the significance of this key decision.
The articles "Freedom of Speech: Missouri Knights of the Ku Klux Klan v. Kansas City" and "Freedom of Religion: Lyng v. Northwest Indian Cemetery Protective Association" both engage in conflicts pertaining to the First Amendment in the Bill of Rights.
Application/Analysis: The court agrees that the state has a legitimate interest in protecting its citizens from fraud, but in this instance, the court takes issue with the fact that a sole authority, the secretary of the Public Welfare Council, can decide what is considered a valid religion. The court states that the secretary “is empowered to determine whether the cause is a
c. The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and
In cases having to do with constitutionality, the issue of the separation of church and state arises with marked frequency. This battle, which has raged since the nation?s founding, touches the very heart of the United States public, and pits two of the country's most important influences of public opinion against one another. Although some material containing religious content has found its way into many of the nation's public schools, its inclusion stems from its contextual and historical importance, which is heavily supported by material evidence and documentation. It often results from a teacher?s own decision, rather than from a decision handed down from above by a higher power. The proposal of the Dover Area School District to
Many amendments have been ratified since the 18th century, and there have been many court cases of those amendments being violated such as the freedom of speech and the 5th amendment and many others. We will further discuss some of those cases and amendments and how they’ve impacted our current lives
RULE: What provision of the First Amendment applies to the issue you have defined? (50 words)
Board of Education was actually the name given to five different cases that were heard by the U.S. Supreme Court already. All of the cases were about segregation in public schools. The 5 cases were Brown v. Board of Education of Topeka, Briggs v. Elliott, Davis v. Board of Education of Prince Edward County (VA.), Bolling v. Sharpe, and Gebhart v. Ethel. Even though there were many differences in the details of the cases, they all dealt with segregation in public schools. They all happened around the same time so the Supreme Court decided to hear them together. When the cases were heard in 1952, the Court put all five cases under the name of Brown v. Board of Education. Thurgood Marshall argued the case before the Court himself. Although he raised a variety of issues, the most common issue was that separate school systems for blacks and whites were very unequal, which violates the "equal protection clause" of the Fourteenth Amendment.. Based on sociological tests and other data, he also argued that segregated school systems were used to and purposely made black children feel less important than white children, and this kind of system should not be
In the present, the Third Amendment is rarely used by the Supreme Court and is least used in the Bill of Rights showing the application has
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 includes six clauses that cover five basic areas: freedom of religion, freedom of speech, freedom of the press, freedom of assembly and the right to petition the government for redress of grievances.
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 following court cases, Schenck v. United States, and Brandenburg v. Ohio both raised questions regarding freedom of speech. They both brought up the question what is protected by the 1st amendment and what's not? Although, both had different outcomes they both help established what was covered by the first amendment. However, out of the two I believe that Brandenburg v. Ohio was right.
government on all sides of the Constitution that is bounded by law, giving the local and state