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First Amendment Research

Mid-term paper
Taylor McNeal
JOMC 393-110 Communication Law & Ethics
Dr. Guffey
October 5, 220
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First Amendment Research

Abstract

The First Amendment of the Constitution of the United States of America prohibits

congress from making laws respecting an establishment of religion or the free exercise. It also

abridges freedom of speech or the press. America's government came into existence after the

American Revolution. The British government governed the people living in what is now known

as the United States of America for over one century. When America's "founding fathers" wrote

the Constitution, they added the Amendment known as the First Amendment to ensure that all

Americans received fundamental freedoms, but the Constitution cannot protect anyone it wanted

to demolish. A Constitution that previously refers to Black people as other persons or three-fifths

a person. Many conflicts are a result of how government officials implement the Amendment.

Police continue to use excessive force against unarmed civilians that are out protesting against

racism. They are met by police prepared for combat, dressed in combat gear and armed with

military weaponry. The police come to agitate the crowds, and in most cases, ends in damage to

businesses and property. The fight continues today. Audre Lorde once said, "Revolution is not a

one-time event." Until the First Amendment protects all in law in practice, it continues to be an

empty promise.
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First Amendment Research
The First Amendment of the Constitution of the United States of America prohibits

congress from making laws respecting an establishment of religion or the free exercise. It also

abridges freedom of speech or the press. The First Amendment also gives citizens the right to

assemble peacefully and grant them the right to petition the redress government. On October 15,

1774, before there the Bill of Rights, the Declaration and Resolves of the First Continental

Congress declared:

The inhabitants of the English Colonies in North-America, by the immutable laws of nature, the

principals of the English Constitution, and the several charters or compacts, have the following

rights: They have a right peaceably to assemble, consider their grievances, and petition the king:

and that all prosecutions, prohibitory proclamations, and commitments for the same are illegal

(First Amendment Cyber-Tribune).

America's government came into existence after the American Revolution. The British

government governed the people living in what is now known as the United States of America

for over one century. When America's "founding fathers" wrote the Constitution, they added the

Amendment known as the First Amendment to ensure that all Americans received fundamental

freedoms, but the Constitution cannot protect anyone it wanted to demolish. A Constitution that

previously refers to Black people as other persons or three-fifths a person. Many conflicts are a

result of how government officials implement the Amendment. The First Amendment intends to

safeguard against tyranny and enhance each member of society's value, but instead, it evokes

fear. This Amendment grants citizens the right to peaceably assembly, freedom of religion, and

freedom of speech. However, it fails to grant those things for the Black community.
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First Amendment Research
The right to assemble peacefully protects two rights. Those rights are assembly and

petition. The right to assemble definition is as giving citizens the right to peacefully parade and

gather, demonstrate support or opposition of public policy, and express one's view guaranteed by

the freedom of speech and the right to assemble peaceably. The right to peaceably assemble in

the past was considered less important than the right to petition congress. However, over the

years, the right to peaceably assemble mentioned in the First Amendment has become more

prominent. Listed below are several examples of monumental United States Supreme Court

decisions that are related to the Right to Peaceful Assembly provided by learning to give:

The United States v. Cruikshank, 92 U.S. 542 (1876). The Supreme Court said that the "right of

the people peaceably to assemble to petition Congress for a redress of grievances, or anything

else connected with the powers and duties of the national government, is an attribute of national

citizenship, and as such, under the protection of, and guaranteed by, the United States." The high

court applied the liberty only to any federal government's encroachment.

De Jonge v. Oregon, 299 U.S 353 (1937). The U.S. Supreme Court unanimously ruled that the

right to peaceably assemble "for lawful discussion, however unpopular the sponsorship, cannot

be made a crime." The decision applied the First Amendment right of peaceful assembly to the

states through the Fourteenth Amendment's due process clause.

Hague v. C.I.O., 307 U.S. 496 (1939). The Supreme Court ruled that peaceful demonstrators may

not be prosecuted for "disorderly conduct." This case also secured streets and sidewalks as public

forums.

Thornhill v. Alabama, 310 U.S. 88 (1940) The Supreme Court held that orderly union picketing

that informs the public of issues is protected by the press's constitutional freedom of speech and
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First Amendment Research
the right of peaceable assembly and cannot be prosecuted under state loitering and picketing

laws.

Edwards v. South Carolina, 372 U.S. 229 (1963). In an 8-to-1 decision, the Supreme Court

overturned the breach of peace convictions of 180 black students who had peacefully marched to

the state capitol to protest discrimination. The police stopped the demonstration and arrested the

students because they were afraid that the 200-300 people who gathered to watch the

demonstration might riot. The court held the state law unconstitutionally overbroad because it

penalized the exercise of free speech, peaceable assembly, and the right of petition for a redress

of grievances. A disorderly crowd, or the fear of one, cannot be used to stop a peaceful

demonstration or cancel the right of peaceable assembly.

Peaceful protest has played a large role in the advancement of Black people in America.

The First Amendment played a pivotal role in the Civil Rights Movement. The movement drew

utilized several First Amendment freedoms, primarily freedom of speech, assembly, and petition.

They utilized this Amendment to protest racial injustice and promote racial equality. Ministers

preached, protesters march, and frequently advocates were petitioning, and the press did their job

and reported all racial discrimination. The calls for change that Black advocated for are historical

pieces of federal legislation that played a vital role in the legislation that caused a change in the

way American society treated Black people. The Civil Rights Act of 1964, the Voting Rights Act

of 1965, and the Fair Housing Act of 1968 are a few of the passed legislation during the Civil

Rights Movement of the 1950s and 1960s. The Supreme Court has strengthened the First

Amendment freedoms by ruling alongside the cases that arose from the Civil Rights Movement.

Today the same tactics used to seek equality, and justice can be seen within the Black lives

matter movement.
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First Amendment Research

The term "Black lives matter" was first used by an Activist from California by the name

of Alicia Garza. Alicia first used this phrase in a Facebook that she posted in anger following the

neighborhood watchman's acquittal that murdered an unarmed black teenager in Florida. The

phrase later became a hashtag across all social media platforms. The Black lives matter

movement heavily relies on protests and marches in addition to social media. These marches are

a way to make voices heard. They support and cause the change that the Black lives matter

movement is seeking. They are assembling to protest against police brutality and white

supremacy to prove further that Black lives matter. If it were not for the struggle, those who

protested for Black liberation ensured the First Amendment would protect everyone. When the

Bill of rights was initially adopted in 1791, the First Amendment only applied to the federal

government. States did not have to enact the laws that are fundamental for freedoms of religion,

speech, press, petition, or assembly, and Even after 1833, the First Amendment continued to

deny Black people their rights. Even though the Constitution stated, "all men are created equal,"

the country continued to alienate people based on race. Though the Amendment now applies to

everyone in law, it does not apply to everyone in action. Police continue to use excessive force

against unarmed civilians that are out protesting against racism. They are met by police prepared

for combat, dressed in combat gear and armed with military weaponry. The police come to

agitate the crowds, and in most cases, ends in damage to businesses and property. The fight

continues today. Audre Lorde once said, "Revolution is not a one-time event." Until the First

Amendment protects all in law in practice, it continues to be an empty promise.

The First Amendment was created to assure everyone that they have the rights and

freedom to do and say as they please, and is one of the essential additions to the United States of
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America's Constitution. Many conflicts are a result of this Amendment. The First Amendment is

responsible for safeguarding against tyranny and enhancing each member of society's value.

Constant conflicts arise from the First Amendment's implementation, which will continue to

happen until all citizens are equal. The founding fathers ensured that the white citizens remained

in control and assured their stability they deemed excellent. The Black lives matter movement

utilizes the same tactics to see the change that the Civil Right utilized, but are not seeing the

same result as white people that protest. Instead, they are met with police prepared for combat,

dressed in combat gear and armed with military weaponry. The police come to agitate the

crowds, and in most cases, ends in damage to businesses and property. Black people are

attempting to use the freedoms given to them through the First Amendment, but as usual, they

are denied their legal rights. The Amendment is known as the First Amendment to ensure that all

Americans received fundamental freedoms, but the Constitution cannot protect anyone it wanted

to demolish. A Constitution that previously refers to Black people as other persons or three-fifths

a person. Many conflicts are a result of how government officials implement the Amendment.
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First Amendment Research
Works cited

Barron, Jerome A. “Access to the Press. A New First Amendment Right.” Harvard Law Review,

Vol. 80, 1967.

Crawford, Susan “First Amendment Common Sense.” Harvard Law Review, Vol. 8, 2014.

Emerson, Thomas I. “The First Amendment.” Columbia Law Review, Vol. 74, 1974.

First Amendment Cyber-Tribune. Right to Peaceably Assemble - History and

Definition [online]. No longer available. (30 March 2001).

Jr., D. (n.d.). Civil Rights Movement. Retrieved October 09, 2020, from https://mtsu.edu/first-

amendment/article/1463/civil-rights-movement

Kendrick, Leslie. “Another First Amendment Free Expression in an Age of Inequality.”

Columbia Law Review Association, Inc. Vol 118; pp. 2095-2116, 2018.

Klinger, Richard. “The First Amendment.” The Brookings Review. Vol 12; pp. 16-19, 1994

The First Amendment Encyclopedia. (n.d.). Retrieved October 08, 2020, from

https://www.mtsu.edu/first-amendment/encyclopedia/case/11/freedom-of-assembly