THE FIRST AMENDMENT

The First Amendment

Johnna M. Thatch

Department of Arts, Humanities, and Social Sciences, North A&T State University

Author's Note

Johnna M. Thatch, Banner ID: 950374524

We have no known conflict of interest to disclose.

Correspondence concerning this article should be addressed to Johnna M. Thatch,

Dept. of Arts, Humanities, and Social Sciences, 1601 E Market St., Greensboro,

NC, 27411 Email: jthatch@aggies.ncat.edu

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First Amendment

James Madison, the fourth president of the United States, who was also a Virginia

representative, created most of the Bill of Rights. During 1789-1791, Madison introduced a

proposed Bills of Rights during the first United States Congress; this is to prevent both the

federal government and the states from violating basic liberties. The first ten amendments to the

U.S. Constitution are known as The Bill of Rights. The Bill of Rights are guaranteed civil rights

and liberties Americans have. These Rights cover legal protections when Americans are accused

of crimes. The most important amendment is the first, which establishes your basic rights such as

political and civil rights.

The First Amendment includes free speech, assembly, press, religion, and petition. There

are speeches that are unprotected by law, that includes, obscenity, fighting words, defamation

(including libel and slander), child pornography, perjury, blackmail, true threats, solicitations to

commit crimes, plagiarism of copyrighted material, etc.

Freedom of religion has to do with the freedom of establishing any religion. It also gives

you the right to change your religion or beliefs at any time, you may worship as you please. By

law, public authorities are not allowed to stop you from practicing your religion beliefs. Due to
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the case Everson V. Board of Education (1947), students nor educators are not allowed to

organize prayers at school because prayers are the business of churches.

"Freedom of expression" includes freedom of speech, the press, assembly, and petition.

This amendment gives you the freedom to say something and to print something. Before 1937,

some states were allowed to restrict expression under certain conditions. The Supreme Court

changed that standard, restrictions is only applied if is a threat to the community's safety. The

symbolic expression is also protected by the First Amendment. This allows people to express

their feelings, and examples can be flag burning, or wearing arm bands.

Without restraint or censorship, freedom of press gives you the right to publish and

disseminate information, thoughts and opinions. Without government control, this gives the right

of a journalist to print whatever he or she wants. An example would be permitting a journalist to

write a critical article on the president or being simply being censorious.

Freedom of assembly gives Americans the right or ability to gather and meet. Both public

and privately they are able to promote, pursue, and raise awareness about their beliefs. Freedom

of assembly gives people the right to freely advocate for change. This protects to freely choose

the location, public streets, roads and assemble against public authorities. Often people protest

against social issues that have a negative impact on human rights, socio-economic rights, the

rights of marginalized groups and minorities.

Freedom of petition allows you to speak and stand up against injustices or policies you

strongly believe in. You can safely exercise this right by gathering signatures in support of a

deed and lobbying. According to Think First, exercises can include filing lawsuits, email
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campaigns, letter-writing, and picketing. This essay will address the complexities and intricacies

of the First Amendment by exploring the controversial issues of abortion and the Black Lives

Matter movement.

An abortion is a surgical procedure that terminates pregnancy. Abortion has been

one of the biggest controversial issues there is in the United States and globally, arousing

protests for people that are either for it or against it. Those who are against believes that this is

equivalent to murder because a fetus is a person. Those who are for abortions believe a pregnant

woman has moral rights too, the right to ownership of her own decisions and body. In some

circumstances, birth can put the mother's life or health in danger, which is why some advocate

for a woman’s right to choose.

The First Amendment protects the rights of women who seek abortion, as well as their

privacy rights. It is certain that patients have this privacy right to one's personal information.

Roe v. Wade (1973), protects and give pregnant women liberty to seek an abortion within the

first trimester. In this landmark case plaintiff, Jane Roe, filed a lawsuit against the district

attorney of Dallas County because in Texas the law made it a felony to abort a fetus unless the

doctor advised that it would affect the life of the mother. Jane Roe stated in the lawsuit that it

violated the guarantee of personal liberty and the right of privacy stated in the 1st, 4th, 9th, and

14th amendments.

In turn, the Supreme Court invalidated any state laws that prohibited first trimester

abortions. Being that this is such a controversy in society, anti-abortion and pro-choice advocates

both have the right to protest. Anti-abortion protesters have the right to the freedom of speech,

freedom of assembly, so they are allowed to gather at an abortion clinic to stand on their beliefs.
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Though, some states like Florida have permanently banned anti-abortion protesters from

being able to block or interfere the clinics under certain circumstances, a state court judge

announced in September 1992, dissidents are not allowed to trespass on Center property, block

entry, nor physically harm patients or staff. The judge specified the intentions were not to limit

dissidents from expressing their First Amendment rights; however, the U.S. Supreme Court

ordered that dissidents have to be within 36 feet of the clinic, and there are restrictions on

excessive noises within 300 feet of an employee's residence.

Overall, those who are anti-abortion, maintain that the goal is to convince women not to

proceed with the abortion. As a result, Alabama enacted a total ban on abortion, and eight

other states have enacted gestational age bans. Because a fetal heartbeat can be detected as early

as six weeks of pregnancy, this is the justification for banned abortions in Utah, Missouri,

Arkansas, Louisiana, Mississippi, Georgia, Kentucky, and Ohio.

Another recent controversy in the nation is that of police brutality and excessive force

used against African American citizens. The recent rising in such cases resulted in the coined

phrase, “Black lives matter”. The "Black Lives Matter" movement was co-founded by Alicia

Garza in 2013. Garza is an American civil rights activist, who is from Oakland, California. The

First Amendment gives her the right to express her frustration and disheartenment of how Black

citizens are unfairly treated by law enforcement. In addition to police brutality, this movement

also addresses the issue that many of these deaths are not brought to justice in America’s judicial

system.

In 2013, the acquittal of George Zimmerman, who was the neighborhood watchman that

shot and killed Trayvon Martin, sparked the movement. It started from Garza Facebook post,
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saying, "I continue to be surprised at how little Black lives matter... Our lives matter." The Black

Lives Matter is a social movement protesting for anti-racism and ending police brutality.

Protestors want their voices to be heard while fighting for equal rights and demanding change in

America. Dozens of Blacks are killed or brutalized by police each year in many communities.

The most recent examples of innocent lives being taken by authorities are George Floyd,

Breonna Taylor, and Rayshard Brooks. The fact that these victims were unarmed makes it even

more disheartening and disturbing.

On May 25, 2020, a 46-year-old black man, George Floyd was murdered by three police

officers. Floyd was accused of purchasing cigarettes with a counterfeit $20 bill just before the

officers arrived on the scene. Floyd, who did not appear to be resisting arrest in a video captured

by a concerned citizen was unconscious as he was pinned under a car by three authorities. One of

the officers knelt on Floyd’s neck for eight minutes and 46 seconds even as Floyd cries for

mercy. This excessive and unnecessary force resulted in the death of Floyd. After evidence was

gathered, it had been concluded this fatal tactic violated the policies of Minneapolis Police

Department. Derek Chauvin, an officer had then been charged with third-degree murder, second-

degree murder and second-degree manslaughter. Later on, Hennepin County prosecutors also

charged Thomas Lane, J. Alexander Kueng, and Tou Thao with aiding and abetting second-

degree murder. Eight minutes, 46 seconds became a symbol in George Floyd's death, and caused

a gathering cry for passionate protestors who wanted justice.

In final, the First Amendment protects the right to free speech, the freedom of religion, press,

assembly and the right to petition the government. No matter what one wholeheartedly believes,

no matter what opinion one holds, there will always be an opposing view. There will always be a
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proponent and an opponent when it comes to some of hottest controversial topics that affect the

nation and the world. Perhaps one of the greatest things about America is the fact that much of

what one expresses and vocalizes is permissible because of the First Amendment. Although there

are some exceptions and instances when it seems this right is being jeopardized, the fact remains

that the First Amendment is one of the most coveted protections in the United States

Constitution.
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%20a%20redress%20of%20grievances.%22

History.com Editors. (2019, September 25). First Amendment. HISTORY.

https://www.history.com/topics/united-states-constitution/first-amendment

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