Freedom And The Constitution Essay Research Paper
Freedom And The Constitution Essay, Research PaperThe First Amendment of the United States Constitution protects the right to freedom of faith and freedom of look from authorities intervention. Freedom of look is made up of the expressed rights of freedom of address, imperativeness, assembly and to petition the authorities for a damages of grudges, and the implied right of association and belief contained in the First Amendment. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as using to the full federal authorities although it is merely expressly applicable to Congress. Furthermore, the Court has interpreted the due procedure clause of the Fourteenth Amendment as protecting the rights in the First Amendment from intervention by province authoritiess. Two clauses in the First Amendment warrant freedom of faith. The constitution clause prohibits the authorities from go throughing statute law to set up an official faith or preferring one faith over another.
It enforces the & # 8220 ; separation of church and province. Some governmental activity related to faith has been declared constitutional by the Supreme Court. For illustration, supplying bus transit for parochial school pupils and the enforcement of & # 8220 ; blue Torahs & # 8221 ; is non prohibited. The free exercising clause prohibits the authorities, in most cases, from interfering with a individuals pattern of their faith. The most basic constituent of freedom of look is the right of freedom of address. The right of freedom of address allows an person to show themselves without intervention or restraint by the authorities. The Supreme Court requires the authorities to supply significant justification for the intervention with the right of free address if it attempts to modulate the content of the address. A less rigorous trial is applied for content-neutral statute law.
The Supreme Court has besides recognized that the authorities may proh ibit some speech that may cause a breach of the peace or cause violence. The right of free speech includes other mediums of expression that communicates a message. Despite popular misunderstanding the right of freedom of the press guaranteed by the first amendment is not very different from the right of freedom of speech. It allows an individual to express themselves through publication and dissemination.
It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general. The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The Supreme Court has expressly recognized that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. This implicit right is limited to the right to associate for First Amendment purposes.
It does not include a right of social association. The government may prohibit people from knowingly associating in groups that engage and promote illegal activities. The right to associate also, generally, prohibits the government from requiring a group to register or disclose its members or from denying government benefits based on an individuals current or past membership in a particular group. There have been exceptions to this general rule when the Court has found that the governmental interests in disclosure/registration outweigh the interference with first amendment rights.
The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups. The right to petition the government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through the courts (litigation) or other governmental action. It works with the right of assembly to allow people to join to seek change from the government.