104 lines
6.6 KiB
Plaintext
104 lines
6.6 KiB
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<20><><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>
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ARRoGANT CoURiERS WiTH ESSaYS
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Grade Level: Type of Work Subject/Topic is on:
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[ ]6-8 [ ]Class Notes [About the First Amendmnt]
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[ ]9-10 [ ]Cliff Notes [and it's past history ]
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[x]11-12 [x]Essay/Report [evolving into today's. ]
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[ ]College [ ]Misc [ ]
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Date: 06/94 # of Words:841 School: ? State: ?
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<EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>><3E><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>><3E><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>>Chop Here><3E><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>><3E><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>><3E><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>><3E><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>
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Our Living Shield:
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The First Amendment
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The authors of the Constitution of the United States created a
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magnificent list of liberties which were, at the time ascribed, to most
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people belonging to the United States. The main author, James Madison,
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transported the previous ideas of f undamental liberties from the great
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libertarians around the world, such as John Lilburne, John Locke, William
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Walwyn and John Milton. Madison and other previous libertarians of his time
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were transposed into seventeen different rights which were to be secured to
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all those in the United States. These seventeen civil liberties were
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compressed into ten different groupings which were designated as the "Bill
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of Rights." In this document lay the First Amendment which stated that the
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people of the Uni ted States had the "freedom of speech, or of the press;
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or the right of the people peaceably to assemble, and to petition the
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Government..." The First Amendment was drafted by federalist Madison mainly
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as a political tactic to abolish anti-federalist resistance to the
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Constitution. After its passage in December of 1791, the First Amendment
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remained more idealistic than realistic. The First Amendment remained a
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set of ideals which were not to be carried out during its first century,
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then progressed to more realistic terms during its latter half of
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utilization.
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During the first century of the First Amendment, the First
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Amendment was paid a glance by all when it came to actually carrying out
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the freedoms guaranteed by this amendment. For example, in 1794,
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Pennsylvanian backcountry farmers protested a whiskey tax. The protesters
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were not violent such as those of the previous Shay's Rebellion. George
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Washington sent in a militia to crush the rebellion denying them of their
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First Amendment right to "peaceably assemble." Later, in 1836, anti<74> sl
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avery newspaper editor James G. Birney had been warned that his newspaper
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"The Philanthropist" was not desirable in the city of Cincinatti. When
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Birney refused to cooperate, mob action took rule and, "scattered the type
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into the streets, tore down t he presses and completely dismantled the
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office." This contradicted the First Amendment which stated that,
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"freedom...of the press," is a constitutional right. The Supreme Court
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could do nothing about these situations when in Barron v. Baltimore, t he
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Court ruled that, "These amendments contain no expression indicating an
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intention to apply them to state governments. This court cannot so apply
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them." Thus, the Supreme Court could not interfere when First Amendments
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are being violated within a state. These acts were representative of the
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lack of recognition for our First Amendment rights during the first half of
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the Bill of Right's acceptance.
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The second half of the Bill of Rights was marked by a rebirth in
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which the Bill of Rights was no longer a set of ideals. The second half
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began when in 1925, the court ruled in Gitlow v. New York that the First
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Amendment supersedes state laws . This nullified the Court's ruling in
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Barron v. Baltimore, which took place 92 years earlier. Also, in 1931, the
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Court overturned Minnesota's conviction of Jay M. Near, whose anti<74> Semitic
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"Saturday Press" violated Minnesota law which prohibited " malicious,
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scandalous and defamatory" remarks towards politicians and other public
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officials. The Court stamped Minnesota's law in violation of the First
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amendment. In 1937, Chief Justice Charles Evans Hughes overturned the
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conviction of Oregon Com munist Dirk De Jonge. De Jonge had been detained
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for attending a meeting to protest the police shooting of striking
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longshoremen. The Court ruled that "Peaceable assembly for lawful
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discussion cannot be made a crime." More recently, in 1985, the S upreme
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Court ruled that burning the American flag is protected by the First
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Amendment when the Court reversed the conviction of Gregory Lee Johnson,
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who was arrested for violation of the Flag Protection Act of 1989. The
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Court then ruled the Flag Protection Act of 1989 unconstitutional. These
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instances clearly portray the rebounding of libertarian beliefs.
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The First Amendment of the Constitution started off as a set of
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beliefs meant to supply reason for one being patriotic rather than supply
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those inalienable rights discussed in the Declaration of Independence. It
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then developed into a powerfu l document which is the only living
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manuscript which specificly lists out the peoples rights. One cannot look
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back without looking ahead. The supreme court currently is overwhelmingly
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conservative. Without the balance of conservatism and liberalism, a
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deficiency evolves. And this deficiency is human rights. The Supreme
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Court ruled in 1990 that two American Indians were not protected by the
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First Amendment when they religiously smoked peyote. This is only a sample
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of the conservatism which wi ll eventually plague America. The Court's
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decisions are close to eternal and decisions made now will affect America's
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future. And whether or not we should put America's future in one group's
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hands is out of the question. The court is currently dan gerously
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conservative.
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