As Thomas Hobbes asserts in his book “Leviathan”, the foundation of modern society is built on a social contract between states and population to legitimate the authority of the state over the individual. A compromise in such covenants is the renouncement of certain “natural” rights by the citizen in return for the assurance of security. This, however, does not entail the forfeit of every single right and an absolute submission of the people to governmental authority. To ensure human dignity and to prevent emergence of an autocratic governmental system, the Founding Fathers enacted constitutional provisions determining rights of defense against the state. Even though these rights were not part of the original version of the Constitution, they were enacted through the Bill of Rights shortly afterwards as an amendment to the Constitution. One of those fundamental rights is the freedom of press: “Congress shall make no law ... abridging the freedom of speech, or the press”. From the formulation of this provision the Supreme Court established for a long time that this provision would solely apply to the federal government. However, under the doctrine of incorporation, the Fourteenth Amendment imposes the First Amendment prohibitions on the state level. Hence, the First Amendment binds federal as well as state governments. Thus, the Constitution guarantees the free flow of information nationwide, which constitutes the fundament for and consequently is indispensible to the
Hobbes and Locke both abandoned the thought of the divine right of monarchy. Both did not agree with the fact that the ruler or assembly would have all power over its citizens. So basically they were against Absolutism and their views were that of rebels in their time period. Theses two philosophers both held similar ideas but also have conflicting ideas pertaining to the citizens "social contract" with their rulers, "Natural Condition of Mankind," and sovereignty.
The First Amendment states “Congress shall make no law… abridging the freedom of speech.” The Fourteenth Amendment extends this rule to state governments as
The revolution generated radical changes in the principles, opinions, and sentiments of the global people. New ideas and issues affected political ideas. In addition a new government was also changed. A few of the many enlightenment thinkers were Thomas Hobbes, John Locke, baron Do Montesquieu, and Jean Jacques Rousseau.
The 1st amendment of the United States Constitution states that “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.” When the Framers of the Constitution wrote the 1st amendment there intention was exactly was to prevent the government from interfering with States’ rights. More specifically, the Framers intent was to allow citizens to speak freely without violating the law or public policy. However, the Framers did not intend the 1st amendment to be a gateway for citizens to say whatever they want, individuals can still be censored. We can find
Even in the early stages of American history there was an urge to put legally protected freedoms into written government documents. The result was the drafting of the first ten amendments to the Constitution, the Bill of Rights, by James Madison. The applications of the personal freedoms described in the Bill of Rights, particularly the freedom of speech, have been challenged repeatedly in American courts of law and elsewhere. These incidents and challenges of authority reflect the defensive American attitude toward the ever-important freedom of expression and the growing significance of personal rights throughout American history.
The first amendment of the constitution is a fundamental building block of our liberty. Without it, tyrannical ideals could encompass America with nothing to stop it. With the application of the first amendment the government is kept in check through itself, regulating its own rights and balancing its power. Though perhaps more importantly, this right gives the people the power to petition and address the government with their own concerns; through these rights, the people have the ability to regulate the government’s regulation of itself, and therein lies the absolute
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 first amendment to the United State's constitution is one of the most important writings in our short history. The first amendment has defined and shaped our country into what it is today. The amendment has constantly been challenged and ratified through literature, court cases, and our media. In fact, media is driven by the first amendment. Without it, we as citizens wouldn't be able to view or listen to what we want,
The Second Amendment states: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Even though this amendment has been around for hundreds of years, people still argue over what it means and if it should still apply today. The two extreme sides of this argument as stated in Henry Winkler’s book are the Gun Nuts and the Gun Grabbers (Winkler 15,45). One side argues that there should not be any guns at all, and the other side argues that everyone should have a gun. This discussion has been around for decades, and I believe that it is not going away anytime soon. There are a few arguments as to why I believe that the government shall not and cannot remove guns from American citizens. First, I believe that I have a constitutional right to own firearms due to the second amendment. Secondly, everyone should not be punished for the actions of a few lawless individuals. Thirdly, the removal of firearms would be costly, hard to enforce and unlikely to succeed, and finally, gun control laws are racially motivated. Through the use of what I believe combined with historical examples, my goal is to persuade a “Gun Grabber” on why the government cannot take away my guns.
Created September 25,1978 and ratified December 15, 179, the Bill of Rights was imputed into society as a tool to establish law,order, and morality. James Madison, a political theorist, was known as the father of the Bill of Rights. One of the most important amendments in the Bill of Rights is the right to freedom of speech, expression and media. In the Bill of Rights, the First Amendment states, “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 First Amendment guarantees the citizens of America that they have the right to freely express themselves about anything, including political arguments and views. This amendment also guarantees the press/media the right to overtly publish their ideas on any topic in the newspaper. The purpose of this amendment is to assure America’s people that they shouldn’t worry about being censored or punished for the expression of their feelings because they are human just as everyone else.
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 of the United States Constitution: an amendment that guarantees three rights, one of which is the right to freedom of expression. Under this, there resides the freedom of press. It assures that people are free to communicate through the means of media and dissemination without governmental restraints. However, if the government desires to interfere in one’s expression, the government can do so, but only with proper justification. In such cases, a court case is necessary (“First Amendment”). One such case is New York Times Co. v. United States. In favor of the publications made by the Times that had caused concern for the U.S. government, the final verdict was right in heeding the First Amendment, for the
It was not until after the Civil War that the Thirteenth, Fourteenth, and Fifteenth amendments were enacted and began protecting individuals against the states. The Fourteenth Amendment has been the principal means by which this protection has been accomplished. It reads, in part, “No State shall...deprive any person of life, liberty, or property without due process of law.” The Supreme Court had interpreted this guarantee of liberty to embrace the fundamental liberties in the Bill of Rights, meaning that the state governments must observe and protect them to the same extent as the federal government this is also known called incorporation. The amendments in the Bill of Rights are said to be incorporated against the states through the due process clause of the Fourteenth Amendment. There has been an ongoing debate on the Supreme Court about the extent of incorporation, and whether the entire Bill of Rights, or only some of it’s guarantees, should be incorporated against the states.
The First Amendment one that is watered down, serves as example of the freedom we as Americans have. It is best known as the amendment that lets us say what we want when we want. There is more to it that gets overlooked. It blocks government from establishing a theocracy, grants the people the right to peacefully assemble and protest the government for a redress of grievances. Our press is independent and is given freedom to publish at will. Our freedoms embolden us to speak out and organize for progress and against society's wrongs. Sometimes groups will organize to speak out but will sink to extreme measures as a means of expression. The first amendment has seen challenges in recent months. “Donald Trump referred to the press, and I'm quoting his exact words, as "dishonest, disgusting, and scum."Just ten days ago, you might have heard in a press conference, President Donald Trump said that the "press is out of control."(Chemerinsky, 553). To clashes between different ideologies on college campuses with some initiating riots. The first amendment grants many freedoms, however it does not grant protection from consequence.
The first and inargueably the most significant of the amendments to our Constitution is the First Amendment. The amendment that established our freedoms as citizens of our new confederation. The First Amendment insured, among other things, freedom of speech and of the press. Since the establishment of these rights, they have often been in question. People have debated over, "What is too much freedom?", and "When is this
Through assessing both monarchy and democracy from both perspectives of Thomas Hobbes and John Locke, one can see that democracy creates the most beneficial outcome. Hobbes had a pessimistic view of people. He believed humans were selfish, doing anything to further their own position in life. Hobbes believed in an absolute monarchy, a government that gave all the power to a king or queen. Even though he distrusted democracy, he believed that a diverse group of representatives present the problems of the common people would prevent a king from being unfair and cruel. Today, many people associate the ideals Locke adopts with democracy. Although, in Locke’s book, Second Treatise of Government, he did not solely focus on democracy. He listed many types of government, not favoring any. He believed that as long as they adhere to his rules, they remain valid.