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Topic: 1st Amendment


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  Emory Law School: Amendments to the Constitution
The twenty-first amendment to the Constitution was proposed to the several states by the Seventy-Second Congress, on the 20th day of February, 1933, and was declared, in a proclamation by the Secretary of State, dated on the 5th day of December, 1933, to have been ratified by 36 of the 48 States.
The amendment was rejected by Mississippi (and not subsequently ratified) on December 20, 1962.
This amendment, being the second of twelve articles proposed by the First Congress on Sept. 25, 1789, was declared by the Archivist of the United States on May 18, 1992, to have been ratified by the legislatures of 40 of the 50 States.
www.law.emory.edu /law-library/research/ready-reference/us-federal-law-and-documents/historical-documents-constitution-of-the-united-states/amendments-to-the-constitution.html   (3082 words)

  
 FindLaw: U.S. Constitution: Amendments
The amendment was rejected (and not subsequently ratified) by Kentucky, Maryland, and Tennessee.
The amendment was rejected by Georgia on July 24, 1919; by Alabama on September 22, 1919; by South Carolina on January 29, 1920; by Virginia on February 12, 1920; by Maryland on February 24, 1920; by Mississippi on March 29, 1920; by Louisiana on July 1, 1920.
This amendment was subsequently ratified by Virginia in 1952, Alabama in 1953, Florida in 1969, and Georgia and Louisiana in 1970.
caselaw.lp.findlaw.com /data/constitution/amendments.html   (3656 words)

  
 1st Amendment in History
The First Amendment, perhaps the best known of these freedoms and protections, prohibits the establishment of a state-supported church, requires the separation of church and state, and guarantees freedom of worship, of speech and the press, the rights of peaceable assembly, association and petition.
First Amendment freedoms and protections were secondary, according to President Lincoln, to the preservation of the nation.
The FCC argued that it was not violating First Amendment rights of broadcasters because the airwaves are a limited resource and belong to the public.
www.illinoisfirstamendmentcenter.com /history.php   (1613 words)

  
 First Amendment to the United States Constitution - Wikipedia, the free encyclopedia
Prior to the enactment of the Fourteenth Amendment, and for 57 years thereafter, the courts took the position that the substantive protections of the Bill of Rights did not apply to actions by state governments.
Remarkably, the Supreme Court did not consider a single case in which it was asked to strike down a federal law on the basis of the free speech clause until the twentieth century.
A small minority has questioned whether involuntary commitment laws, when the diagnosis of mental illness leading, in whole or in part, to the commitment, was made to some degree on the basis of the speech or writings of the committed individual, violates the right of freedom of speech of such individuals.
en.wikipedia.org /wiki/First_Amendment_to_the_United_States_Constitution   (4069 words)

  
 United States House of Representatives - Amendments to the Constitution
The amendment was rejected (and not subsequently ratified) by Mississippi, December 4, 1865.
The amendment was rejected (and not subsequently ratified) by Tennessee, November 16, 1869.
Note 12: The first ten amendments to the Constitution of the United States (and two others, one of which failed of ratification and the other which later became the 27th amendment) were proposed to the legislatures of the several States by the First Congress on September 25, 1789.
www.house.gov /house/Constitution/Amend.html   (2086 words)

  
 firstamendmentcenter.org: About
Without the First Amendment, religious minorities could be persecuted, the government might well establish a national religion, protesters could be silenced, the press could not criticize government, and citizens could not mobilize for social change.
The Bill of Rights — the first 10 amendments to the Constitution — went into effect on Dec. 15, 1791, when the state of Virginia ratified it, giving the bill the majority of ratifying states required to protect citizens from the power of the federal government.
Further, courts wrestle daily with First Amendment controversies and constitutional clashes, as evidenced by the free-press vs. fair-trial debate and the dilemma of First Amendment liberty principles vs. the equality values of the 14th Amendment.
www.firstamendmentcenter.org /about.aspx?item=about_firstamd   (477 words)

  
 The Constitution of the United States of America
The general principle deducible from the First Amendment and all that has been said by the Court is this: that we will not tolerate either governmentally established religion or governmental interference with religion.
While numerous efforts were made over the years to overturn these cases, through constitutional amendment and through limitations on the Court's jurisdiction, the Supreme Court itself has had no occasion to review the area again.
Most importantly, the First Amendment had been drafted in the First Congress with an awareness of the chaplaincy practice, and this practice was not prohibited or discontinued.
www.gpoaccess.gov /constitution/html/amdt1.html   (11633 words)

  
 U.S. Senate: Reference Home > Constitution of the United States
The 13th amendment abolished slavery and the 14th amendment provided that representation would be determined according to the whole number of persons in each state, not by the “three-fifths” of the slaves.
The 20th amendment changed this provision for the convening of Congress from the first Monday in December to the 3rd of January.
To preserve the separation of powers, no member may be appointed to an executive of judicial office that was created or accept a salary that was increased during the term to which that senator or representative was elected, nor may anyone serving in Congress simultaneously hold office in any other branch of government.
www.senate.gov /civics/constitution_item/constitution.htm   (3655 words)

  
 ALA | Court Cases
The principal defended his action on the grounds that he was protecting the privacy of the pregnant students described, protecting younger students from inappropriate references to sexual activity and birth control, and protecting the school from a potential libel action.
This case presented the question of whether the First Amendment prevents a school board from removing a previously approved textbook from an elective high school class because of objections to the material's vulgarity and sexual explicitness.
The Supreme Court overturned a Telecommunications Act ban on indecent telephone messages, concluding the law violates the First Amendment because the statute's denial of adult access to such messages far exceeds that which is necessary to serve the compelling interest of preventing minors from being exposed to the messages.
www.ala.org /ala/oif/firstamendment/courtcases/courtcases.cfm   (6425 words)

  
 boortz.com: More Boortz The Bill Of Rights
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
In addition, a portion of the 12th amendment was superseded by section 3.
Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment.
boortz.com /more/bill_of_rights.html   (1789 words)

  
 1st Amendment/Prisoners Rights
Moreover, although inmates surrender some First Amendment rights upon incarceration, "the prison inmate retains those First Amendment rights that are not inconsistent with his status as a prisoner or with the legitimate penological objectives of the corrections system." Pell v.
The Humboldt County jail administration routinely ignores the First Amendment, making irrational, arbitrary conclusions that an inmate's belief in a religious, or medical, diet is insincere or not required by his or her religion.
Moreover, the guarantees of the First Amendment are not limited to beliefs shared by all members of a religious sect.
www.civilliberties.org /vegandiet.html   (3091 words)

  
 The United States Constitution - The U.S. Constitution Online - USConstitution.net
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
www.usconstitution.net /const.html   (5171 words)

  
 The Future of the First Amendment: What America's High School Students Think About Their Freedoms - Knight Foundation ...   (Site not responding. Last check: )
The study suggests that First Amendment values can be taught - that the more students are exposed to news media and to the First Amendment, the greater their understanding of the rights of American citizens.
But it also shows that basics about the First Amendment are not being taught, that 75 percent of the students surveyed think flag burning is illegal, that nearly 50 percent believe the government can censor the Internet, and that many students do not think newspapers should publish freely.
After the text of the First Amendment was read to students, more than a third of them (35 percent) thought that the First Amendment goes too far in the rights it guarantees.
www.mindfully.org /Reform/2005/Future-First-Amendment31jan05.htm   (3959 words)

  
 FindLaw Constitutional Law Center: U.S. Constitution: First Amendment: Annotations pg. 18 of 21
These differences were compounded in cases in which First Amendment expression values came into conflict with other values, either constitutionally protected values such as the right to fair trials in criminal cases, or societally valued interests such as those in privacy, reputation, and the protection from disclosure of certain kinds of information.
Ohio,93 a state criminal syndicalism statute was held unconstitutional because its condemnation of advocacy of crime, violence, or unlawful methods of terrorism swept within its terms both mere advocacy as well as incitement to imminent lawless action.
These categories of speech are not ''entirely invisible to the Constitution,'' but instead ''can, consistently with the First Amendment, be regulated because of their constitutionally proscribable content.''110 Content discrimination unrelated to that ''distinctively proscribable content'' runs afoul of the First Amendment.
supreme.lp.findlaw.com /constitution/amendment01/18.html   (6237 words)

  
 First Amendment   (Site not responding. Last check: )
Our freedom of speech, protected by the First Amendment in the Bill of Rights, is one of our most basic constitutional rights.
Controversies about speech protected by the First Amendment seem to arise because the speech at issue is unpopular or controversial or highly offensive for various reasons.
Courts sometimes justify these exceptions as speech which causes substantial harm to the public, or speech which the Founding Fathers could not have intended to protect, or traditions that have long been part of the common law tradition from England that was the basis of our American legal system.
www.csulb.edu /~jvancamp/freedom1.html   (4629 words)

  
 The History of the 1st Amendment
While many debates regarding the first amendment question just how much freedom of speech is supposed to be guaranteed by it, there is a more central point that is usually ignored – and which renders the whole discussion irrelevant.
The reality is that the first ten amendments, which people love to quote when asserting their right to do this or that, were not put in the constitution by our forefathers, and never have, in anyway, been applied in law to mean people are free to do what they want to do.
This man, who was a reputed atheist, derided such fine institutions as tithing by churches, wore his hair long like a hippie, snorted snuff, smoked hemp, and in general, acted in ways that were divisive and detrimental to a stable, prosperous society.
www.moderateindependent.com /v1i1historical.htm   (725 words)

  
 1st Amendment
The Due Process Clause of the Fourteenth Amendment, which provides that no person may be deprived of "life liberty or property without due process of law," has been interpreted as applying the religion clauses to state and local governments.
Obviously, the framers were aware that in eighteenth-century America "an establishment of religion" included multiple establishments, and any analysis of their intent in drafting the First Amendment must recognize this awareness.
Indeed, the Senate thrice rejected amendments that would have prohibited the establishment of one religious sect in preference to others while providing for aid to religion in general.
www.teachingaboutreligion.org /MiniCourse/Lesson1/1st_amendment.htm   (1066 words)

  
 Bill of Rights
The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.
Article the third [Amendment I] 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.
Article the twelfth [Amendment X] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
www.constitution.org /billofr_.htm   (508 words)

  
 "1st Amendment"
In Abby’s Bible quote, it was attacked through an overzealous interpretation of the “establishment of religion” clause within that same amendment.
George’s poem was attacked via an acknowledged limitation of that amendment regarding “threatening” speech.
News reports quoted Ann Brick, an ACLU attorney, as saying, “At the heart of the case is the First Amendment right of any young person to explore the whole range of his emotions and experiences and write about disturbing subject matter without the fear that he will be punished, should his work be misinterpreted.” Indeed.
russmaney.com /1st_amendment.htm   (981 words)

  
 1st Amendment
The Ohio Supreme Court ruled that the protesters did have a right to burn the model, but it agreed with the police that the arrests were justified because the fire threatened the public's safety.
A federal judge agreed with the fortune-teller, ruling that "predictions are only fraudulent if the speaker knows of facts that will prevent a prediction from coming true." He ruled that the First Amendment allows the woman to say what she wants, without the government stopping her.
The First Amendment protects many forms of expression, but it doesn't protect speech that is intended to defraud others.
firstamendment.jideas.org /first/strange_facts.php   (1192 words)

  
 Bill of Rights Transcript
Amendment II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
www.archives.gov /exhibits/charters/bill_of_rights_transcript.html   (428 words)

  
 Free Essay Benefits of Having the First (1st) Amendment
A 10 page research paper that concerns First Amendment issues suggested by a scenario regarding the trial of a group of right-wing extremists known as the...
The First Amendment protects the five basic freedoms that are essential to the American way of life.
This amendment is important because with out it the United States citizens would not be heard by the government.
www.echeat.com /essay.php?t=27780   (656 words)

  
 Crazy Politico's Rantings: Religion and the 1st Amendment
The truth is that he didn't write, or even work on that amendment, and his letter to the Baptists was in response to their letter about problems with the State of Connecticut, not the National government.
Jefferson's letter was to reassure them that the Congregationalists couldn't become a national religion because of the establishment clause in the 1st Amendment.
True, some of the amendment was based on his Bill to Establish Religious Freedom in Virginia, but it was actually Madison who was the "point man" in driving the Amendment through the first Congress.
crazypolitics.blogspot.com /2006/04/religion-and-1st-amendment.html   (1293 words)

  
 FAC
The First Amendment Council is dedicated to challenging the implementation of Amendment 41 where it denies Coloradans' basic constitutional rights.
Because the so-called “Ethics in Government” amendment to Colorado’s constitution has such broad and far reaching language, many innocent citizens and their families – targeted only because they happen to work for their state or local government – are being seriously harmed.
With the help of average Coloradans whose children have had college scholarships jeopardized, whose non-profit organizations have had their funding put at risk and whose First Amendment right to speak to government officials has been squelched, the First Amendment Council is asking the courts to help.
www.firstamendmentcouncil.org   (189 words)

  
 The Constitution of the United States of America
They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law.
Amendments to the Constitution of the United States
www.midnightbeach.com /jon/US-Constitution.htm   (4025 words)

  
 TomPaine.com - 1st Amendment Scoreboard
In another branch of the government, the House just approved a constitutional amendment – which some have called a Red (White, and Blue) Herring – that would allow Congress to pass legislation making flag-burning illegal.
The one-line amendment, which will have to be ratified by 2/3 of the states in 7 years, if it passes in the Senate, simply reads: “The Congress shall have power to prohibit the physical desecration of the flag of the United States."
The Senate plans to vote on this Constitutional amendment after the July 4th holiday (what if a stray firecracker accidentally burns an American flag?) and from there we will see if this really does have the potential of becoming the 28th amendment.
www.tompaine.com /articles/2005/06/29/1st_amendment_scoreboard.php   (545 words)

  
 1st Amendment Webhosting - All your hosting needs!
For those of you that are already familiar with 1st Amendment Webhosting, you realize that we have established our superior reputation by hard work, unparalleled customer service, extremely fair pricing and dedication that is simply unmatched.
With 1st Amendment Webhosting, you get to host your website(s) with a company that will do whatever it takes to keep you happy and your pages up and running.
Amendment I: 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.
www.1stamendment-hosting.com   (211 words)

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