Modern Interpretation Of The First Amendment Essay

, Research Paper

The Modern Interpretation of the First Amendment

Mr. Edwards

Civics

Spring 2001

The first Amendment of the United States Constitution says; “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.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.

A great deal of bills have been written and passed as legislation under the pretense that they would better outline the citizen’ rights and ensure their freedoms. Yet occasionally these laws are created with disregard to what is stated in our Constitution. At times they distort and twist the original meaning of the work, counter acting the purpose of creating the Amendments. The intention of Amendments was to be an outline of the rights of the people. They were to ensure that there would not be a repeat of what the framers had experienced when they set out on their mission to draft a document that would govern our country for years to come. Little by little our elected officials have been discounting our Constitution. There are many resulting repercussions; the most dear to everyone being the individuals rights. The end result of these interpretations being that our people are hurt, as we are slowly being stripped of our rights as U.S. citizens.

There are two freedoms that seem to cause the most contention, the first being freedom of press and the second being the freedom of religion.

“ It remains to be noted that none of the great constitutional rights of conscience, however vital to a free society is absolute in character. Thus, while the constitutional guarantee of freedom of religion goes a long way, it does not serve to protect acts judged to be morally licentious, such as poly amorous marriages. Children cannot be required to execute the flag salute which is forbidden by religious belief… Similarly freedom of speech, often defended by the courts, does not extend to the seditious utterance of a conspiracy which, is the considered opinion of congress, poses a clear present danger to the safety of the republic (Dennis v. United States, 1951) but the court has emphasized that the act of congress on the subject the Smith act does not forbid mere advocacy of abstract doctrine but only incitement to action designed to accomplish the illegal purpose of overthrowing the government (Yates v. United States, 1957). The state is not free to license the privilege of giving speech… yet it may punish for ‘fighting words’ which may lead to breaches of the peach (Chaplinsky v. New Hampshire, 1942) or the publication of obscene matter (Roth v. United States, 1957).[2]

The Constitution states that a person has the right to publish or print any news or opinions that they deem worthy. Yet today some laws prohibit this freedom, by creating laws in order to protect the individual’s privacy, we are limiting ones ability to report facts. Furthermore many records previously available for the public to view are now sealed. On the opposite end of the spectrum new freedoms are being allowed. In a court case, “Justice Joseph Teresi has struck an important blow for constitutional rights and an open judicial process by allowing cameras to televise the murder trial.”[3] By allowing a camera into the courtroom people are better able to get a grasp on our judicial system in the United States. This decision also allows citizens to view first hand news in action, without any biases created by reporters. As some of our freedoms are revoked other are being ratified. These changes are necessary to accommodate our changing beliefs. As our society is growing and changing, with increased technological capabilities we are forced to create laws that protect the individual from being taken advantage of.

The freedom of Religion is the second freedom that has much controversy surrounding it. The Constitution prohibits the government from adopting a religion, it also allows a person to practice whatever religion they desire, or even not practice if they choose to do so. Ample controversy has arisen around the government and its stand on religion. Nowhere in the Constitution does it state that there must be a separation of church and state, this creating a gray area because it is an implied law. When prayer was prohibited in schools many believed that it created a direct violation of our rights. Our Constitution has given us the liberty to practice any religion we select. Yet prayer is no longer allowed in school due to legislation that has been passed to prevent it. The compromise allowed is that students are free to read the Bible or any other religious materials on their own free time, where previously it had been a part of the curriculum. In addition they are free to try to persuade, not to harass, others to believe the way they do, only if it is presented in a debate form. Presently the only time that prayer may be used in school is at a very spe