What's up Amendments?
How's your day going, Bill of Rights?
Just a Few Important Rights: Amendment 1
Let me Talk: Freedom of Speech
This part of Amendment I originated from the Founding Fathers' fear and anger at the king's way of dealing with people who said anything he disagreed with.They wanted to make sure that it wouldn't happen in the US. For instance: what happened after the Boston Tea Party. The act of throwing tea into the water was an expression, something protected by freedom of speech in the Constitution. King George III punished the Americans by further taxing them and by closing Boston Harbor.
I think that this is a reasonable part of Amendment 1, but also, in our society, we don't necessarily need the Constitution to tell us that everyone can say what they want. The thing is, you only have to glimpse at how "freedom of speech" was treated like in the Founders' time to wonder why they didn't write that down in the actual Constitution instead of in the Bill of Rights. And sometimes, some people just do need an important document to say it so they can believe it and abide by it. I think that freedom of speech is an important part of respecting others and showing tolerance. After all, even if you disagree, you wouldn't want to be arrested for speaking your mind right? This is 100% true: everyone is entitled to their own opinions.
Malala Yousafzai
She is a 15-year-old Pakistani girl who was recently shot in the head and neck by the Taliban by speaking out for her right to an education. In the US, her protests would be entirely within her freedom of speech rights, but what happened to her in Pakistan? She was almost murdered. Here, the person who shot her would be arrested for attempted murder, and there, whoever it was is not even being bothered.
Back to the United States...
We Live in a Free Country!
To anyone who thinks this way in the US, you're wrong! Under Amendment 1, people did (and still do) have the right to hang up the Confederate Flag. This would be considered an expression, therefore falling under freedom of speech.
You Have the Right to Worship Me: Freedom of Religion
Freedom of religion was made a part of Amendment 1 because in the colonies, many people were prosecuted for their religions and governments sometimes hid behind a religious excuse to manipulate people. In the Puritan societies, those people considered anyone not Anglican (including Catholics, Lutherans, Anabaptists, Quakers, Antinomians, any other religions like Judaism and Islam etc) were crazy and they persecuted them for their religious beliefs. This happened all over the colonies and in England in those times. This part of Amendment 1 prohibited this from happening.
The picture below shows a religious book from the Christian branch Jehovah's Witnesses. In Connecticut there used to be a statute that required licenses for those soliciting for religious/charitable purposes. Newton, Jesse, and Russel Cantwell were three Jehovah's Witnesses living in a Roman Catholic neighborhood in New Haven, Connecticut. They were going from door to door, handing out pamphlets and playing a portable phonograph. Jesse Cantwell walked up to two men (Roman Catholic) and asked if he could play him the phonograph, which attacked the ways of many Christian branches, especially the Roman Catholic Church. The men were furious and barely restrained themselves from physically attacking the Cantwells. They were arrested for not having the permit and disturbing the peace. The Connecticut Supreme Court thought that their actions were not protected by the 1st Amendment, but the Cantwells appealed and the US Supreme Court found that their actions were in fact, expressions and should be protected by freedom of speech and religion.
I Write so I have Rights: Freedom of the Press
Something compelled the Framers to want to guarantee the freedom of the press. Before the Revolution, publications in England and the colonies were subject to strict licensing. The government had to issue a license to print practically everything, especially if they were suspected of what was then called libel and what is now called disagreeing with public officials. No wonder the Framers wanted this to be a protected right!
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(Not) A Community Building Assembly: Freedom of Assembly
The Framers had good cause to create this clause. The English monarchies were always trying to stop assemblies because they were scared the people would try to overthrow the king/queen/monarch. One time, a Quaker named William Penn went to the streets and preached there. He was arrested for it and later found innocent of any crime; but the arrest was enough for the British subjects to start wondering about their right to assemble.
Ku Klux Klan Assembling
As horrid and racist as they are, the Ku Klux Klan members are protected by the 1st Amendment and can assemble in the streets, as long as they don't act violently. The American Civil Liberties Union provided legal support to some branches of the KKK to give them the right to "peaceably assemble."
Nothing Wrong with a Little Protest
I think that this is a reasonable clause, but I also think there is a fine line to be drawn between peaceful assemblies and a group getting together to wreak havoc. If the assembling is anything but walking, posters, calling out, and many people participating,it's just fine. However, if one of those things is off slightly, there could be a huge problem.
Sign the Petition: The Right to Petition Government
During the time of the Revolution, the colonists sent plenty of petitions to the king and parliament about the unfair taxes and unreasonable punishments only to be taxed and punished some more. The Founders included petitions so that this would not occur again.
United States v. Harriss
This case, narrowly construed the Federal Regulation of Lobbying Act of 1946. Harriss provides some general background on the Right of Petition and lays the groundwork for our consideration of lobbying in later class sessions. Some lobbyists spoke up against the Federal Regulation of Lobbying Act of 1946, saying that it violated their 1st Amendment right. The court did not rule in favor of the lobbyists, but they did narrow down the regulations.
I'm not Trigger-Happy! I Just Require a Gun: Amendment 2
Don't worry! I'm Trustworthy with a Gun!
Ah, now we get to it: limitations to this amendment. A permit is required most of the time to buy a gun, and they will check to see if you have a criminal record. They don't want to give a gun to a serial killer! The process for getting a gun can be very long, or it can be short. You have to remember that gunshots can be fatal. You don't want that power in the wrong person's hands.
The reason the Founders created this amendment was, again, because of their dear friend, King George III. He kept guns away from the people, leaving them defenseless. The rebels had to steal guns from places the British kept them. The Founders weren't going to let that happen in their new, beautiful country! So voila! Amendment 2.