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The First Amendment

Denise Avellaneda

March 4, 2021

JOMC 393

Professor Guffey
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Abstract

The United States Constitution was a document created by the founding fathers to help

create the perfect union, create a fair and equal society and to also provide protection to all

citizens. The First Amendment specifically was adopted on December 15, 1971 as a part of the

Bill of Rights. The United States adopted this document to become a free country, where

freedom is expressed and governance by the rule of law. The First Amendment of the United

States Constitution provides citizens the protection of living a free life. The First Amendment

protects the basic rights of life such as freedom of speech, freedom of religion, freedom of press,

the right to assemble and the right to petition the government. The First Amendment guarantees

citizens the freedom to make their own decisions without receiving backlash or punishment.

Freedom of speech provides citizens the right to express themselves through verbal and

nonverbal communication. Freedom of press provides the press the right to express themselves

through their work. It provides them with the right to find, obtain and gather information and

provide it to citizens without the fear of censorship or punishment. Freedom of religion provides

citizens with the right to freely choose their religious path, instead of having one religion forced

on them. The right to assembly provides citizens the right to gather peacefully with other citizens

that have their same interest and goals. The right to petition provides citizens with the right to

petition the government and voice their concerns and complaints.

Key words: US Constitution, Freedom of Speech, Freedom of Press, First Amendment

The First Amendment of the United States Constitution is one of the most basic, yet

important Amendments. The First Amendment states that no laws by Congress should prohibit

freedom of speech, press, religion, free exercise, the right to peacefully assemble and the right

to petition the Government. Although the First Amendment was created in 1791, it is still

powerful and influential till this day. The First Amendment’s sole purpose is to provide equality

and freedom for all citizens. The freedom of religion provides citizens with the opportunity to

establish their own religious lives, instead of one specific religion being forced on them. The

freedom of speech allows citizens to use their words as expressions and speak their minds

freely without being held accountable in certain circumstances. The freedom of press allows the

press and other media outlets to broadcast any news information without fear of retaliation, as

long as the information is accurate. The right to petition provides citizens with the right to speak

their mind out against the government and include the communities voices in decision making.

The right to peacefully protest provides citizens with the right to gather with other citizens who

express their same interest, emotions and goals.

Freedom of speech is the most important aspect of the First Amendment. It allows

citizens to speak their minds freely and state their opinions without receiving backlash or

interference from the government. Not only does freedom of speech include verbal expression,

but it also includes nonverbal expressions. For example, in today’s society nonverbal

expressions are just as powerful as verbal expressions. Colin Kaepernick, an american

professional football player, began kneeled during the national anthem during football games to

fight against racial inequality. Freedom of speech is one of the most appreciated civil liberties

provided. Although it is appreciated, the Supreme Court struggles with the boundaries of speech

and determining what should and shouldn’t be protected. The clear and present danger test is

used for determining the limits of free speech and established that if a person was a clear

danger to society that they would not be protected.

Every law has its limitations and freedom of speech comes with its own. Child

pornography, defamation, true threats, incitement to riot and fighting words are all exceptions to

freedom of speech. Defamation is a false statement made with the intention to maliciously

destroy someone’s reputation or career. This exception is to help protect people’s careers,

reputation, finances etc. Although pornography is a form of expression, child pornography is the

sexual explotation of children. Not only is sexual abuse of children disgusting, it is very much

unethical and illegal. The Supreme Court case New York v. Ferber, upheld the band on the

creation and distribution of child pornography. True threat refers to serious threats to inflict

injury, harm or evil on another person. The United States Supreme Courts case Watts v. The

United States established that threats are not protected under the First Amendment Right after

Watts threatened the President. Incitement to riot is when people or persons start or instigate a

violent riot. Unlike a peaceful protest, riots are not protected under the First Amendment

because not only do they disrupt the peace, but they’re also dangerous. Fighting words is an

exception to the First Amendment because excessive harsh and rude words can lead the

average person to become aggressive. The United States Supreme Court case of Chaplinsky v.

New Hampshire established fighting words being an exception and that words that inflict bodily

harm or disturb the peace are not protected by the First Amendment.

The press are reporters, photographers and other news and media people who work for

newspapers, magazines, television news outlets and etc. Freedom of press is also another

important aspect of the First Amendment because not only does it provide the press the

freedom of circulating any published or electronic news. Similar to freedom of speech, it

provides the press with the freedom to freely express their opinions through the media, but it

also provides citizens with the right to know the truth and what’s really going on with their

government and society. It also protects the process of finding, gathering and obtaining the

information from the public as well. The press is so powerful in society, not only because they

have access to more information than the normal citizen, but because they have so much
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influence. The press is important because it informs citizens about government activity and

public issues, concerns and other affairs. The press also helps citizens increase their

participation and knowledge of politics. ​Similar to other rights, there are exceptions to freedom of

press. Because freedom of speech and freedom of press are oddly similar, their exceptions are

quite the same as well. Libel, slander and defamation law is one of the major exceptions of

freedom of press. Defamation refers to the actions of the press damaging a person’s reputation

and likelihood using news outlets.

There are many similarities and differences between countries and their laws. The right to

a peaceful assembly is specifically a right that all countries have adapted. Peaceful protests are

one of the most effective forms of expression. The right to assemble provides citizens with the

opportunity to gather together with other groups of people who share the same common goals

and interests. The right to assemble must be peaceful; although assemblies are welcomed, the

balance of other people can’t be disrupted. The death of George Floyd and others affected by

police brutality sparked massive protest all across the world. Although these deaths occurred in

the United States, there were visuals of protest in other countries.

The right to dissent is the right to oppose the opinions of other citizens and government

officials, as long as it doesn’t break the law. The right to dissent is India’s most important right

in the Constitution of India. This right allows Indian citizens to freely express their thoughts,

beliefs, faiths, and expressions. In the Constitution of India, there are three aspects of the right to

dissent: freedom of opinion and conscience and the right to disagree. This right is similar to the

rights included in the First Amendment; it allows citizens to choose their own paths and

decisions and be allowed to think freely.

All countries don’t experience the same situations and cultures, so they don’t abide by the

same laws and rules. For example, England is very different from the United States because they
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abide by more strict laws. Unlike the United States, the english are punished for criticizing the

government and must have their press approval before distribution. Whereas the right to petition

in the United States is granted to address issues or seek help. Countries that live by strict and

traditional laws don’t experience the same freedoms and rights as the United States. Freedom of

expression had decreased all across the globe, but specifically in strict countries such as China,

Russia and Iran. Strict countries like those, abide by tight rules created by leaders who abuse and

misuse their power.

Unlike the United States, the leader of China controls the four most important offices of

China, by himself. Whereas in the United States, the President has the help of Congress and the

Senate as well as other government officials. Censorship is when the government has the control

to determine if any films, books, news or anything is unacceptable, inappropriate or a threat to

their security and China is one of those countries that follow censorship. Although some aspects

of freedom of speech and freedom of press are allowed, they are tightly controlled and restricted.

Korea is another country that has censorship over certain things that they may consider to

be a threat to their national security. South Korea, specifically grants the freedom of speech,

press, petition and assembly etc, but their restrictions are different. South Korea censors all rights

granted to citizens, specifically freedom of speech and freedom of press. They censor freedom of

speech by punishing those who speak about North Korea or communism because they believe it

is putting their national security in jeopardy and breaks the National Security Law. They censor

freedom of press because they want to control what is put out about their country and want to

make sure that the information published isn’t putting their national security in jeopardy or also

releasing too much information.

The First Amendment protects most expressions, actions and speech, even the speech we

don’t agree with. In today’s society so many things have changed; we live in a completely

different world where the Supreme Courts determine what’s allowed and what isn’t. The First

Amendment contains the most important rights for all US citizens. It provides citizens with a life

to live freely and allow citizens to choose their own political, religious and expressive lives.

Works Cited
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​ he
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