First Amendment to the United States Constitution: Difference between revisions
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====Political speech==== | ====Political speech==== | ||
====Obscenity==== | ====Obscenity==== | ||
The Supreme Court has ruled that obscenity is not a protected form of speech and established its standard on obscenity in [[Miller v. California]] ("Miller Standard"). | The Supreme Court has ruled that obscenity is not a protected form of speech and established its standard on obscenity in [[Miller v. California]] ("Miller Standard"). [[Pornography]] and [[obscenity]] are considered related but distinct matters in various cases. | ||
====Commercial speech==== | ====Commercial speech==== | ||
Revision as of 22:33, 13 April 2010
First Amendment of the U.S. Constitution is an amendment, or supplementation, to the Constitution of the United States. It was a part of the U.S. Bill of Rights, and was ratified in 1791 with other nine amendments in the Bill of Rights. The amendment stipulates that the Congress shall not legislate to restrict the freedom of speech, religion, assembly, and petition. Originally only applicable to the federal government, the Fourteenth Amendment, as interpreted in the Supreme Court case Gitlow v. New York, incorporates its provisions to the state and local level.
Text
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.
Jurisprudence
The interpretation of each clause in the First Amendment has long been a contentious subject of debate among jurists, politicians, and ordinary citizens.
Establishment clause
In its simplest interpretation,this clause forbids the creation of an established church like the Church of England. Beyond this, it raises issues which remain with us to this day. Can the state legitimately support religious schools or charities? [1]
Free exercise clause
Free speech
Political speech
Obscenity
The Supreme Court has ruled that obscenity is not a protected form of speech and established its standard on obscenity in Miller v. California ("Miller Standard"). Pornography and obscenity are considered related but distinct matters in various cases.
Commercial speech
Speech on campus
The Supreme Court ruled that the First Amendment protection of free speech applies to school campus with limited extent. In Tinker v. Des Moines the court decided that a school cannot penalize students for wearing armbands to protest against Vietnam War. However, in subsequent cases, such as Bethel v. Fraser (on sexual innuendo), Hazelwood v. Kuhlmeier (newspapers), and the recent Morse v. Frederick (on illegal drugs), the court has consistently ruled in favor of school districts against students on whether the First Amendment protected the students' right to engage in different types of speeches.