Preview

Essay On First Amendment

Good Essays
Open Document
Open Document
904 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Essay On First Amendment
The First Amendment is thought by many to be the most important of the Amendments. Under the First Amendment freedom various types of expression are protected. Just like a house of cards will topple if a card is removed, if one right of the amendment is removed, other rights will soon topple. For this reason many believe all parts of the First Amendment must be protect at all costs. In this essay, several different ideas will be discussed concerning the First Amendment. The first paragraph will go into detail about this Amendment. After explaining what the First Amendment protects, paragraph two will discuss how the Landmark case, Barnette v. West Virginia Board of Educations, affected the understanding of the First Amendment. After that, …show more content…
The case in question is Barnette v. West Virginia Board of Educations. This case focuses on the Freedom of Religion. Can schools force children to say the pledge of allegiance? Can a school expel a student if they refuse to salute the flag? Evidence provided by the defendant, a scripture, “You must not make for yourself a carved image or a form like anything that is in the heavens above or on the earth below or in the waters under the earth You must not bow down to them nor be enticed to serve them, for I, Jehovah your God, am a God who requires exclusive devotion, bringing punishment for the error of fathers upon sons, upon the third generation and upon the fourth generation of those who hate me”(New World Translation Exodus 20:4, 5), This was used as part of the Beliefs of Jehovah’s Witnesses, who believe that pledging allegiance to a flag is a form of idol worship. The prosecution brought up a past case of Gobitas v. Minersville, reasoning that this case had already decided it was constitutional to force the pledge of allegiance be done or face expulsion. The result of thisBarnette v. West Virginia Board of Education ruled it was unconstitutional to force a student to salute the flag and forcing a student to say the pledge of allegiance was a violation of the First Amendment. The impact of this ruling was a major gain for religious freedom. It opened the

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Three years later, the controversy appeared in court again as West Virginia State Board of Education v. Barnette. The case was brought forward on behalf of the Jehovah’s Witnesses. At this point in time, three of the justices that had ruled on the prior case had been replaced. In a 6-3 decision, the court overruled the prior Gobitis resolution and determined that the former resolution violated the students’ freedom of speech and freedom of religion which are guaranteed in the Bill of Rights of the Constitution of the U.S. Although it is up to schools and the government to teach students about patriotism and the importance of our American flag, it is not the role of our public school system to punish students that choose to not participate in the pledge.…

    • 289 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The sixteenth amendment in article I, section 8 gives congress the power to impose and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. In article I, section 9 states that no direct could be imposed unless made proportion to the population based on census result, which means congress has to levy taxes based on the state population rather than individual. During the civil war the federal government imposed an income tax for individual to pay tax for war expenses; the supreme court found this to be unconstitutional based on the case of Pollock v. farmer’s Loan & trust co. (1895). After this case congress sent to the states the sixteenth amendment which gives congress the power to impose direct tax, that is, congress fixes the amount of income it wants to raise and levies each state with their proportionate share of the amount, a direct tax can be collected by federal officials or the states; state can collect their taxes in any way they want. In nutshell, a direct tax is collected only on persons or property. Indirect taxes are not being used in the constitution. It is simply a label for all duties, imposts and excises taken as a group, and is usually referred to any tax which is not direct. Though it has often been disputed that a uniform tax is one, which shows fundamental equality, the Supreme Court has constantly rejected this disagreement. The main purpose of allowing indirect taxes to be uniform is to secure the law of no taxation without representation.…

    • 319 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Does the fact that Australia lacks a constitutionally entrenched Bill of Rights which Courts can use to invalidate legislation make it more or less democratic, more or less rule of law-compliant, more or less legitimate?…

    • 2326 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Essay On 21st Amendment

    • 1172 Words
    • 5 Pages

    This research paper is on the topic of 21st amendment of the U.S. constitution it explains what the 21st amendment is, how the 18th amendment also known as the prohibition era came to be and how the 21st amendment came to directly appeal the 18th amendment ending the prohibition. Also how the state’s power to directly control all aspects of alcohol within their borders, and this may impede on other amendments or clauses in the constitution, and how The Supreme Court changed their ruling on the 21st amendment over the years by letting states have all the power and then taking back some of the state’s powers. The federal government…

    • 1172 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Govt 220

    • 969 Words
    • 4 Pages

    religious beliefs. The First Amendment states: “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.” The question that was before the Court was whether or not the New York Board of Regents violated the religious freedom of students by requiring time during the day for this particular prayer. Another question before the Court was…

    • 969 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The incorporation of the Bill of Rights is the procedure by which the United States courts have implemented pieces of the United States Bill of Rights to the states, by the due process clause of the 14th Amendment of the Constitution. During the case of Barron v. Baltimore, the U.S. Supreme Court expressed that the Bill of Rights implemented to the government, but not to the states. Some claimed that the creator of the 14th Amendment intention had been to reverse this particular precedent. This Amendment is one of the reconstruction Amendment, and was adopted in 1868. The fourteenth Amendment Due Process Clause forbids local and state governments from denying persons of liberty, life, or property without particular steps that guaranteed fairness.…

    • 756 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    1. What were opponents of the US Constitution concerned about the role and behavior of the Central Government would be? The opponents were concerned with tyranny by the central government since the wound of the British Government was still fresh.…

    • 434 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Essay On 8th Amendment

    • 1087 Words
    • 5 Pages

    The government has laid out an array of civil rights to protect the liberties of the people with the induction of the United States Bill of Rights in 1791. The large majority of these amendments are appropriate and remain prominent in the modernized American governmental system but these basic human rights carry substantial controversy, the most arguable being the eighth. This amendment states that there shall be no cruel or unjust punishments inflicted upon any individual remaining in the borders of the nation, whether long term resident or briefly visited foreigner. This amendment receives most of its discussion through conversation regarding the death penalty to the detained. In many opinions, lethal injection is supported as fully…

    • 1087 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Essay On 4th Amendment

    • 1106 Words
    • 5 Pages

    Without the Fourth Amendment of the Constitution, America would be a very different place. The framers of the United States Constitution anticipated the necessity of an amendment that would protect citizens from a government that would potentially overstep its boundaries. The Fourth Amendment was included in the Bill of Rights as one of the guarantees afforded to all citizens protecting rights to privacy and illegal search and seizure. In today’s society with the new technologies for surveillance, the government is able to closely watch its citizens. It is questionable to some whether this is a violation of the fourth amendment. It is necessary to have an amendment in place that will protect citizens from a government that tends to overstep…

    • 1106 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The United States of America has always been referred to as “the land of the free”. Although we are not completely “free”, as a democracy, the United States stresses the importance of equality among its citizens. The U.S. constitution guarantees each and every American basic civil rights which in turn gives our country structure, function, and some power to the people. Every unique person will have rights they feel are more important to them than others depending on our views, attitudes, and ethics.…

    • 1113 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Essay On 1st Amendment

    • 1582 Words
    • 7 Pages

    I am writing about the 1st amendment in this project.I am in the view of a lawmaker so I have to chose the best one for my prospective as of a law maker.And I thought the 1st amendment was the best. Also my team chose to Canada as our country where we are making are laws, but we only got to chose 5 amendments.We pick the 1st of course, the 3rd ,the 4th ,the 5th ,and the 8th.We have one teacher two lawmakers and 2 citizens in our group.To learn more keep on reading.…

    • 1582 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    The understanding of the Fourth Amendment in the U.S. Constitution and its relevance for searches and seizures is critical for any investigator, and it strikes a balance between individual liberties and the rights of society. Most importantly, the limitation on any search is that the scope must be narrow, if a search is not conducted legally, the evidence obtained is worthless. As a matter of fact, the exclusionary rule established that courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case.…

    • 1584 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Some groups of Americans were allowed their civil liberties in the U.S. history. However, other groups of Americans were denied those civil rights. The government has recognized civil rights, protected civil rights, and addressed the importance of citizens to respect the civil rights of others through a process of civil unrest and political interventions.…

    • 787 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    2nd Amendment Essay

    • 2714 Words
    • 11 Pages

    America has given many rights and has offered protection to US citizens. Like the second amendment states, “The right of people to keep and bear arms shall not be infringed.” However many riots and shootings have recently broke out in the last couple of years. So therefore the right to bear arms has been taken advantage of and as lead to many malicious events like The Columbine Shootings, Virginia Tech, Aurora Shooting, and New Town Shootings.…

    • 2714 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    Understanding how or why the Government has compromised our rights as citizens is vital information when living in the United States. Let’s take the First amendment for example; Freedom of Religion. The First amendment states “Congress shall make no law respecting an establishment of religion ...” But how far can our freedom go? Either if you are part of a religion or not. The Government can’t get involved with any religion party involving politics. What about the Muslim company case? What would the government rule in the case? Would they rule freedom of religion; or would they rule it as not freedom of religion?…

    • 705 Words
    • 3 Pages
    Good Essays